Case Spotlight – Cockrell v. Kinnett

In this case, the father, Tyler Kinnett, filed a motion for contempt arguing that the mother, Kelsey Cockrell, wrongfully barred him from exercising his timesharing rights with his child on three different instances.  The father’s motion did not stress that there was a substantial change in circumstances, or that it would be in the best interest of the child for there to be a modification of the timesharing arrangement.  Yet, the trial court entered an order for contempt which modified the timesharing schedule.  The mother appealed.  The appellate court concluded that the father was only entitled to a modification if he pled and proved that there was a substantial change in circumstances and that the change would be in the best interest of the child.  Neither occurred; and, thus, it was an error for the trial court to modify the timesharing schedule.