very successful in the sports activities that he loves he's healthy well adjusted and is usually a cheerful that the young man who's just now finishing his eighth grade year and he'll be going to high school  his family had lived in benton all his life when his parents divorced in two thousand and four carson was seven years old at that time and his older brother brandon was fourteen parents agreed to have joint custody of the two boys and the mother was designated as the primary residence parent namely continue to live and then in the father was very involved in the daily lives of the children three years after the divorce in two thousand and seven  remarried and moved to paris for taking carson with her at the same time arsons older brother brandon moved to carbondale but carson continued to do well in school but i miss having daily contact with his father missing his brother brandon as often as he had before and he missed his friends and family and then he also began how some difficulty with his father michael butler and he and his mother didn't get along as well as they had in the house in two thousand and nine parsons started to tell his father and some other people that were both to him that he wanted to live with his mother in bed by two thousand and  was seriously unhappy with his living situation at his mother's home and he started talking more often and more strongly about live with his father and then at the same time carson was growing into puberty and he really wanted to be closer to his father he wanted to share those things with him that young man wants to share with his father as he is becoming a man there were so many things  carson shared with his father and his brother brandon that he does not share with his mother and stepfather person just one and one in every what most their pretty other words mean year old boy wants to be closer and spend time with a father who is loving supportive and attentive to you know as he goes through the changes that take place in his life at that time carson had a father like that who listened to him and then tried to pursue the proper legal course of action to change parsons primary residence the trial court denied the father's petition even though the guardian ad litem recommended that the petition be granted and in camera interview with person was very persuasive in favor of the modification back decision was against the manifest weight of the evidence and should be reversed it was manifestly unjust to this young man whose life was most affected by that decision the law that is a political to this case involves a two step process and the father was required to establish the elements of his case like there and convincing evidence to put our argument very and change in two thousand and seven when he was ten and his mother remarried and moved to harrisburg not that there's anything wrong with here's for that person at a new home a new community a new school a new family would step father that he had to live where he had less time with his father less time with his grandmother and his other close family members and then less time and then what he considered to be his hometown less time with his brother brandon who began living in carbondale and rarely came to harrisburg because he had developed a strained relationship with his mother and his stepfather so brandon painted benton as frequently as he could and saw carson there as time went on carson's relationship with his mother and stepfather also here a great in addition to these changes by two thousand and ten person had grown from a young child at seven to a young man of fourteen and he had developed a very strong start with his father this is a very important change that hand by itself serves as a sufficient change of circumstances to support a change  range meant that is in the best interests of a small child may not be in the best interests of fourteen year old young man as our children growing mature in their needs change our legal system has to be able children to young adults this of course is a difficult time in the life of any child a time when they have experiences and make choices that will affect the rest of their lives clearly this is the time in the life of a child of divorce continued to be a well adjusted child and a successful student does not mean that there has not been a substantial change in circumstances in his life and that he should stay where he is just because he's been there since the divorce the fact it is obvious in this case and it was overlooked by the trial court is that there is absolutely no threat to the stability of this young man's life he is allowed to live primarily with his father his father has an appropriate home and a close loving family workhorse and bills loved and accepted and supported he would be living with his extended family which is important to him he's always had a close relationship with his father and he will certainly maintain a close relationship with his mother arsenal continue to be the excellent student that he has always been both in benton and harrisburg his father has always encouraged and motivated his sons to succeed in school carson will continue to be the well adjusted motivated popular boy that he has always been and that was really never in dispute in this case his primary residential parent has never been changed since the divorce in two thousand and four and it will not change again i changes may he will stay as he is then till the becomes an adult with regard to his adjustment to a school and community of what will be going back home to the to the home town that he loves and where he builds most comfortable the trial court's reliance on stability in this case was clearly against the man that's great any evidence it was an example of a court manically nine hours petition on the basis of maintaining the stability changed for him than merely the fact that he had grown older his needs a change and he wanted to live with his dad the second issue is the best interest and that's where his wishes you know are are and should be the mature intelligent child who has good reasons for his wishes his wishes are supposed to be given serious consideration and if ever there was a child whose wishes should be given very strong  are that that makes sense if you're looking at the best interest factors and everything else kind of you know even an equal and the child strongly wishes to live with with his father and he has good reasons for that he's fourteen years old and he you know he has good reasons that is not just any want to live with his father he wants to go back home to benton where his family is very caesar's brother there are other child is doing fine where he is and i don't care about his wishes and so you know i'm constrained by stability and he should stay where he is and that's just the child does not take where he hears he's not happy there he has problems at his home he said in his interview i feel like it's cold there i don't bill you know i go to my room and shut the door i don't interact with people he said i'm fine only i'm happy when i am at home now you know we don't always peter to the child's happiness i'm not saying that but i'm saying that you know we were looking at the best interest of this child and we've proven there's been it's a healthy normal thing for a teenage child to young women to want to live with the same sex parent and he reaches out west this is a good thing and we should encourage that's good for him to want to learn to be a man by being with his father and should we say no to him because he's a good student because he's well behaved and having no problem major problems larry is is this tantamount to punishing him because he's a good the decision was wrong he  presented on appeal and the evidence presented trial doesn't satisfy those standards and we also respectfully submit your honor that the that the argument has maintained stability for car n the case i was getting for the cases i was getting to is that hey we don't believe there's the changing circumstances prove to be even if are you into it there was a change  doesn't want them all because there's no demonstration then motivation would be necessary to serve his best interest case it should be very strongly considered when a child is a child like person back and it was that that was not given the consideration that it should have been given and you know when we have a situation like this when are we going to a fourteen year old boy decide where he wants you know when we have a situation where the child is doing really well does that mean because he wants to live with the other parent he just can't i do not think that