BIGGS v. BIGGS

No. 2008-CA-001219-ME.

301 S.W.3d 32 (2009)

Mark Owen BIGGS, Appellant v. Amy Sue BIGGS, now Nichols, Appellee.

Court of Appeals of Kentucky.

December 4, 2009.


Attorney(s) appearing for the Case

Susie H. Moore, Henderson, KY, for appellant.

William B. Norment, Jr., Henderson, KY, for appellee.

Before COMBS, Chief Judge; WINE, Judge; GRAVES, Senior Judge.


OPINION

COMBS, Chief Judge.

Mark Biggs appeals the dismissal of his motion to modify custody by the Henderson Circuit Court. After our review, we vacate and remand.

Mark Biggs (Mark) and Amy Nichols (Amy) divorced in 1999. At that time, their son, Jesse, was three years of age. The Henderson Circuit Court ordered joint custody with Amy designated as the primary care provider. In 2007, Amy, her new...

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