Dad Gets Limited Parenting Time After Evidence of Alienation

Tennessee child custody case summary.

Kim Renae Nelson v. Loring E. Justice

The child in this Roane County, Tennessee, case was born in 2005.  The parents had been involved in what the appeals court called protracted and bitter litigation since before the child’s birth.  This litigation involved paternity, the primary residential parent, and child support.  Both parents were attorneys.  The father was self employed, and the mother was a public defender in Roane County.

The mother filed the initial complaint in 2004 to establish paternity.  She obtained a restraining order, and a subsequent amended complaint accused the father of rape and erratic behavior.

In 2005, the court granted the father temporary parenting time and ordered him to pay child support.  Another 2006 temporary order set parenting time, and the case went dormant for several years.  When the child started school in 2010, it was necessary to modify the parenting schedule, and the parents were back in court.

After an incident in which the child was crying for being yelled at by the father, the mother went back to court to suspend the father’s parenting time.  She took the child to a psychologist, who recommended that visits with the father be limited.  Trial was eventually held on twenty two days spread over a two year period.  The father’s position was that the mother was engaged in a campaign to alienate the child from him.

Testimony included that of the father’s ex-wife, who had been married to him for about two years staring in 2009.  She alleged that he had been abusive, had isolated her, and made her feel ashamed.  The mother offered similar testimony regarding her relationship with the father.

In addition to other lay witnesses, including a teacher and principal, eight experts testified.  One psychologist testified that the child was fearful and apprehensive about the father.  The father’s expert, on the other hand, testified that she believed alienation was occurring.

In April 2017, the trial court made its ruling.  It concluded that the mother had not alienated the child, and named her the primary residential parent.  The trial court found that the father had shown a pattern of bullying and manipulation, and gave the father zero days of parenting time.

Instead, parenting time was to be given in stages, in a mix of supervised and unsupervised time.  The amount of parenting time gradually increased over the next two years.  The father appealed to the Tennessee Court of Appeals.

After addressing various procedural and evidentiary issues, the court turned to the issue of primary residential parent.  After reviewing the evidence, it held that the evidence supported the trial court’s determination.  It noted that the mother had been the one to care for the child, and that there was a stable environment with her.

The Court of Appeals also agreed that the evidence had supported the lower court’s findings as to alienation.  In fact, it noted that during the litigation, she had voluntarily increased the father’s parenting time.  On the other hand, the court found that there was sufficient evidence of alienating conduct on the part of the father.

The appeals court also reviewed the residential schedule.  After reviewing the evidence, it concluded that the record supported the lower court’s order.

After addressing other issues, the Court of Appeals affirmed the judgment and remanded the case.

No. E2017-00895-COA-R3-JV  (Tenn. Ct. App. Jan. 25, 2019).

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.