Tennessee Dad’s Parenting Time Reduced Due to Parental Alienation
Tennessee law case summary on parenting time modification in divorce and family law from the Court of Appeals.
Kathryn A. Duke v. Harold W. Duke, III – Tennessee divorce post-divorce custody
Kathryn and Harold Duke were divorced in Williamson County, Tennessee, in 2009 and were the parents of three children, born in 1995, 1997, and 2000. At that time, the mother was named the primary residential parent and granted 285 days per year parenting time. The father was awarded the remaining 80 days.
Various motions for contempt and restraining orders followed. In 2010, the trial court ordered the father to refrain from discussing the divorce with the children, approaching the mother’s vehicle, leaving his own vehicle when exchanging the children, or communicating with the mother except through the lawyers.
Shortly thereafter, the father obtained a similar restraining order against the mother, which also included a prohibition against her grabbing the son in an inappropriate way.
More litigation followed, which included a “Forensic Parenting Time Evaluation” by Dr. William Bernet, which also included information from psychotherapist Dr. Jay Woodman. The report noted that both parents had contributed to a situation in which the children were caught in the middle of an intense battle. As a result, the doctor opined that the children had gravitated to form a strong alliance with the father, avoiding a satisfying relationship with the mother. He went on to conclude that the father had encouraged the children to shun the mother. He noted that the children met the criteria for a phenomenon known as parental alienation.
A long trial was held, and at the conclusion, the trial judge noted little confidence in the father’s testimony. The court went on to find that there had been a material change of circumstances warranting a change in the parenting plan. In particular, it limited the father’s parenting time to four hours every other weekend, and that the parenting time be supervised. It also found the father in civil and criminal contempt and ordered him jailed for 96 hours. The father then appealed to the Tennessee Court of Appeals.
The appeals court first noted that the trial court must determine whether there has been a material change of circumstances. That is a factual determination, and an appellate court must presume that the findings are correct, unless there is clear and convincing evidence to the contrary.
The court carefully examined the trial record and Dr. Bernet’s testimony, and came to the conclusion that the evidence did not preponderate against the lower court’s findings as to a change of circumstances. It then turned to the more difficult question of whether the change made was in the children’s best interest.
One factor the court took a hard look at was the father’s addiction to prescription medications. It also considered whether the father’s behavior had created the danger of damage to the children’s psychological development. After carefully considering all of the evidence, the appeals court concluded that the evidence did not preponderate against the lower court’s findings.
The appeals court then went on to examine the specifics of the order. It first concluded that the trial court had acted properly in limiting the father’s communication with the children. It also found that continued counseling for the children was appropriate.
The trial court had given the mother decision-making power over educational decisions. The appeals court carefully considered this evidence and also concluded that it was proper.
The father also made some evidentiary objections. He argued that he should have been able to have an independent expert appointed. But since there had been a single shared expert witness, the appeals court concluded that the trial court had acted properly in not finding an additional expert.
The trial court had awarded the mother over $600,000 in attorney’s fees, and the appeals court also affirmed this award.
No. M2013-00624-COA-R3-CV (Tenn. Ct. App. Oct. 3, 2014).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Child Custody Law. See also Miles Mason’s book available on Amazon.com Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases.
