APPELLATE COURT OPINIONS

This case involves a mother's post-divorce petition to modify custody. The trial court dismissed the petition and awarded attorney fees to the father's attorney. The mother asserts that circumstances have changed such that it is now in the children's best interests to live with her. We do not find that the mother has made the requisite showing of changed circumstances, and, accordingly, we affirm the decision of the trial court.

Willie Perry ("Perry" or "Appellant") appeals the judgment of the trial court granting summary judgment to Appellees Robert Conley, et al. ("Appellees").

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In this child custody case involving Bianca Arneshe Askew, now age eight years and nine months, we consider the competing claims between the child’s natural mother, Julie Donoho, and Dorothy Lewis, who presently has physical custody of the child. The lower courts found that a prior court order had granted custody to Ms. Lewis and that Ms. Donoho had failed to satisfy her burden of proving that custody should be restored to her. Because we find that Ms. Donoho’s constitutional right as a parent has been abridged, due to the absence of a showing of unfitness or of substantial harm, we reverse the decisions of the lower courts.

This is a post-divorce action. The mother filed a petition to enforce the provisions of the marital dissolution agreement. The agreement provided for payment of attorney’s fees and costs for legal action to enforce the marital dissolution agreement. The trial court denied the mother’s request for attorney’s fees and costs. We reverse and remand.