TN Mom Loses Custody for Frustrating Contact with Dad
Tennessee law case summary on changing child custody law from the Court of Appeals.
In the Matter of: Shayla H. – Tennessee child custody change of circumstances.
Damon and Charlotte were married briefly before their 2003 divorce, and were the parents of one daughter, Shayla. The mother was named the primary residential parent. Over the years, they returned to court in Davidson County over various issues. In 2010, the father went to court asking to have himself named the primary residential parent. His grounds were that the mother failed to attend to the daughter’s medical needs and need for speech therapy, and in denying him phone visitation and parenting time. After a magistrate initially ruled against him, he appealed the decision to Judge Alan Edward Calhoun, who granted his request.
In granting the request, the trial judge noted that the father had been proactive in addressing the child’s need for speech therapy and that he had taken her to the doctor for severe breathing issues caused by allergies. Even though the father gave the medical information to the mother, she made no response for over two months. The trial court also found that the father’s visitation had been interfered with, and that the mother had failed to allow the daughter to take part in extra-curricular activities, even after agreeing that they were a good idea.
Based upon these findings, the trial court concluded that there had been a material change of circumstances warranting a modification of custody. After a second hearing, the trial court granted the father status as primary residential parent. The mother then appealed to the Tennessee Court of Appeals.
The appeals court first noted that the trial court’s factual findings have a presumption of correctness, unless the evidence preponderates to the contrary. It then examined the evidence to determine if there had been a material change of circumstances.
The appeals court agreed that the evidence supported this determination. It noted that the child required surgery, but the mother failed to follow up or to take phone calls from the physician. It also looked at the child’s need for speech therapy, and agreed that the evidence supported the lower court’s findings.
The Court of Appeals then went on to determine whether the change of custody was in the child’s best interest, and it examined the statutory factors. It carefully examined the evidence and once again concluded that the evidence did not preponderate against the lower court’s findings. For these reasons, the Court of Appeals affirmed the lower court’s order.
The Court of Appeals also affirmed the portion of the lower court’s ruling that the mother be responsible for a portion of the child’s medical expenses. It also assessed the costs of the appeal against the mother.
No. M2013-00567-COA-R3-JV (Tenn. Ct. App. Jun. 9, 2014).
See original opinion for exact language. Legal citations omitted.
To learn more, see Modifying Custody & Parenting Plans in Tennessee After Divorce.
