In Re Jonathan S.

Syllabus

This is the second appeal of a case involving a father's petition to modify the parties' parenting plan, wherein he requested that he be named the primary residential parent. At the close of father's proof during the initial trial, mother moved for a directed verdict. Finding that father's evidence was insufficient to establish a material change in circumstances, the trial court granted mother's motion and dismissed father's petition. Father then appealed to this Court. We concluded that father did present sufficient evidence to establish a material change. Accordingly, we reversed the judgment of the trial court and remanded the case so that mother could present her evidence. Following the entry of this Court's decision—but prior to the remand trial on father's first petition—father filed a second petition to modify the parenting plan, raising new allegations. The parties agreed to consolidate the two matters and further agreed to a bifurcated trial in which the remand trial on father's first petition would be conducted first, followed by a trial on father's second petition. Additionally, the parties agreed to a timeframe regarding the presentation of evidence, whereby mother, during the remand trial on father's first petition, would be limited to evidence that arose prior to the date of the initial trial all evidence arising after that date would be covered in the trial on father's second petition. Ultimately, the trial court found that father proved a material change in circumstances and that it was in the best interest of the child that he be named the primary residential parent. Consequently, the trial court mooted father's second petition. Mother appealed. We affirm.