specially concurring.
I agree that the trial court’s finding that the birth of the twins was the only significant change of circumstances is clearly erroneous. It is unnecessary, however, in support of that proposition, to engage in the extensive fact-finding foray of the majority. Indeed, if I were going to weigh facts, I would make different findings. However, no weighing is necessary because it is undisputed that Tammy Wright attempted suicide twice and it is also undisputed that the parties and Social Services stipulated to a temporary change of custody from Ms. Wright to Social Services. Either of these events constitutes a significant change in circumstances.
It appears that the trial court bought Ms. Wright’s lawyer’s argument that any change in circumstance was not significant because it was “essentially transitory” and “temporary” in nature, presumably because Ms. Wright had successfully undergone treatment and was likely to regain her children’s custody the day following the hearing, under the terms of the stipulation. That argument may be persuasive on the issue of whether the significant change in circumstances requires a change of custody but not, in my view, on the issue it addressed.
Some of the trial court’s expression in its memorandum opinion suggests to me that it did not believe a change in custody was warranted even if there were a material change in circumstances. However, the memorandum opinion is imprecise and ambiguous and, therefore, I join in the result that reverses and remands to the trial court for a clear expression of its findings on the issue of whether the changes in circumstances require a change in custody in order to promote the best interests of the children.
MESCHKE, J., concurs.