Kilgore v. Kilgore

April 24, 2012 

                The parties of Kilgore and Kilgore were divorced in 2009. They were given joint legal and physical custody of their only minor child. In 2010, the father filed a contempt and modification petition, claiming that the mother had been having overnight visitors of the opposite sex that she met online. The mother filed a counter claim suggesting that the father had not been acknowledging his part of the custodial agreement, because of his work schedule. In this instance, there was no evidence to support the claim against the mother, so the court awarded sole custody of the minor child to the mother. The father filed for appeal.

                Decision: Reversed. The mother claimed, because of the fathers change in work schedule, his portion of the custodial responsibility had been lacking. Because of this clai, the courts granted the mother sole custody of the child. However, upon reexamination of the matter, the court ruled that no evidence supporting either parties claims could be presented. The previous decision of the court is to be reversed.