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IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE
April 30, 2002 Session Heard at Jefferson City1 TIMOTHY LEE KENDRICK v. JUDY KENDRICK SHOEMAKE
Appeal by Permission from the Court of Appeals, Eastern Section Chancery Court for Hamilton County No. 69033 William M. Dender, Special Chancellor

No. E2000-01318-SC-R11-CV - Filed November 1, 2002

We granted this appeal to determine the proper standard to apply to a petition to modify custody when both parents are parties. We hold that a trial court may modify an award of child custody when both a material change of circumstances has occurred and a change of custody is in the child's best interests. We hold that the preponderance of the evidence does not support the trial court's ruling that a material change of circumstances has occurred. We therefore do not address the second inquiry

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