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Harlow v. Lewis4/5/2005
Because the trial court changed Skye's custody arrangement in this manner without evidence of a material change in circumstances, we conclude that the trial court abused its discretion in that regard. Therefore, we reverse the trial court's order modifying custody and direct that the custody arrangement set out in the court's May 3, 2001, order be reestablished. Furthermore, upon remand, we direct the court to review Michelle's child support obligation and to determine whether her salary increase justifies an increase in her child support obligation.
CONCLUSION
After reviewing the record de novo, we conclude that the district court abused its discretion in modifying custody of Skye without finding that a material change in circumstances had occurred. Therefore, the court's order is reversed and the cause remanded for a determination as to Michelle's child support obligation.
Reversed and remanded with directions.
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