Finding of substantial change in circumstances was not prerequisite to modification of father’s visitation with child; rather, appropriate consideration was whether modification was in child’s best interests. Modification of father’s visitation with child by increasing his visitation was in best interest of child; father testified that he and child had spent meaningful time together and had close relationship, and child’s guardian ad litem testified that, when he visited with child at father’s home, child seemed very happy and that father should have been permitted increased visitation, and guardian ad litem’s notes indicated that there was “no apparent reason” why child should not have expanded visitation with father.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com