April Michelle McAdams v. Charles Alan McAdams

Outcome

Excerpt

This case involved a petition to modify the parties' parenting plan to change the primary residential parent. The father sought to be designated as the primary residential parent of his minor child, alleging, among other things, that the child's sibling was violent, that the mother had moved to a new county and enrolled the child in a new school, that he never received notice from the mother regarding the child's medical appointments, and that the mother intentionally interfered with his and the child's relationship. Because mother was not listed in father's response to mother's interrogatory—which specifically asked for a list of all potential trial witnesses—the trial court prohibited father's counsel from calling mother as a witness during father's case-in-chief. The trial court, however, allowed father to submit mother's deposition as an exhibit and also allowed father to call mother to testify as to events that had occurred since her deposition had been taken. At the close of father's proof, mother's counsel moved for a directed verdict, which the trial court granted, finding that none of the incidents relied upon by father constituted a material change in circumstances. Construing the trial court's order as if it were an order granting a motion for involuntary dismissal, and concluding that barring father from calling mother as a witness in his case-in-chief was harmless error by the trial court, we affirm.