After conducting an evidentiary hearing, Judge John Reese issued his findings. He concluded that K.C. had not suffered sexual abuse. His letters, though couched in terms of taking care of business, have been rude, condescending and argumentative. His approach in this case started as defiant, closed and arrogant. . . . Only after a warning from the bench did he quit trying to be manipulative and turn each answer into another shot.
Sole decision making regarding health and other important issues is the only viable alternative.
Her statements in court were direct and were corroborated by the evidence. This appeal followed. An award of custody of a child or visitation with the child may be modified if the court determines that a change in circumstances requires the modification of the award and the modification is in the best interests of the child. The parent who moves for modification bears the burden of proving a substantial change in circumstances. T.M.C. argues that because he failed to prove the change of circumstances that he alleged, one of the two required elements for a modification of custody was not present.