Abby D. v. Sue Y.

Summary

The court affirmed the denial, without an evidentiary hearing, of the mother's motion to modify a final custody decree awarding the child's grandparents sole legal and primary physical custody. It held that the decree was permanent rather than temporary, so the biological-parent preference no longer applied and the mother had to show a substantial change in circumstances affecting the child's best interests. The mother's short-term sobriety, mental-health assessment, relationship, pregnancy, housing, education, employment, and visitation-interference allegations, considered individually and collectively, did not meet that threshold.