Changes to Agreed Parenting Plan Not Allowed Without Prior Notice

Tennessee child custody case summary on judge adding parental restrictions in divorce.

Shayla Leanne Guy Brantley v. Cordary Quincy Vernard Brantley

The husband and wife in this Sumner County, Tennessee, were the parents of two children at the time of their 2016 divorce hearing.  The parties made a marital dissolution agreement which included an agreed parenting plan, and a hearing was held to consider this plan.  At the hearing, it was revealed that the father was HIV positive and in a relationship with a male paramour.

The trial court agreed the parenting plan, but only after adding a handwritten “injunction by court.”  This injunction stated that neither parent could use corporal punishment on the children.  It also stated that no paramours were allowed overnight and no homosexual activity around children.  It also stated that the father was to avoid body fluid exchange with the children, and was not allowed to bathe, shower, or sleep with the children.

The husband then appealed to the Tennessee Court of Appeals, and argued that these handwritten injunctions were improper.

The Court of Appeals agreed with the father, since the changes made at the “uncontested” review hearing denied the father his due process of law.

The appeals court began by noting that appropriate notice is required so that any litigant is prepared to present evidence.  In this case, the father had no notice that additional restrictions would be imposed to the agreement.

The Court of Appeals was also concerned that many of the added provisions were vague.  It remanded the case for a full hearing on any added provisions.  It noted that if the parties were unable to agree, then the trial court would need to be specific in describing any prohibited acts.

It also noted that the purpose of any order is to protect the child.  Therefore, the trial court would need to consider evidence showing how the restriction would protect the child.

For these reasons, the Court of Appeals vacated the lower court’s judgment and remanded the case.

No. M2016-01999-COA-R3-CV (Tenn. Ct. App. Sep. 15, 2017).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws in Tennessee.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.