Sherry Kay Hepler v. Donald Merle Hepler

This is a petition to modify custody. When the parties divorced in 2000, the mother received primary custody of the parties' three children. After the mother sought an increase in the father's child support obligation, the father filed this petition to obtain primary custody of the children, alleging a material change in circumstances. The father later amended his petition to include allegations of physical abuse by the mother. The trial court declined to modify custody, finding the evidence insufficient to justify modification. We vacate the ruling of the trial court and remand for written findings on the abuse allegations, pursuant to Tennessee Code Annotated Section 36-6-106(a)(8).