In Re Jonathan S. Jr.

Syllabus

This appeal involves a father's efforts to modify a permanent parenting plan. The father filed a petition in which he requested to be named the primary residential parent of the parties' minor child. At the close of the father's proof, the mother moved to dismiss the petition on the ground that the father failed to carry his burden of proving a material change in circumstance. The trial court agreed, found that the father's evidence was insufficient to establish a material change in circumstances, and dismissed his petition. The father appealed. On appeal, we conclude that the evidence in the record preponderates against the trial court's findings. We therefore reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.