TN Dad Gets Custody After Mom Found Not Credible Witness

Tennessee child custody case summary in divorce.

Kristen Paulette Stokes v. Steven Wade Stokes

The mother and father in this Davidson County, Tennessee, case had been married for about twelve years at the time of their 2015 separation.  They had one son who was born in 2008.

The father was a musician with a somewhat flexible schedule, working mostly in the evenings.  The mother worked a variety of jobs including tending and managing bars and as a personal trainer.  The mother was a stay-at-home mom for a time after the son was born.

In 2015, the mother moved out of the marital home and took the son with her.  She lived with a man who had been going through a divorce, but stated that she was not romantically involved with him.  Later that year, the mother filed for divorce, alleging irreconcilable differences.  The father also counter claimed for divorce on the same ground and also for inappropriate marital conduct.

The father alleged that the mother’s roommate was actually her paramour, and asked for an order not allowing the mother to have the child in his presence.  The father was granted custody pending the final hearing, with the mother having parenting time on certain weekends.

In 2017, a five day trial was held before Judge Phillip R. Robinson.  The mother’s roommate, under intense questioning by the judge, finally admitted having sexual intercourse with the mother.  The mother was then recalled to the stand and acknowledged this.

In late 2017, the trial court granted the father a divorce.  The father was named the primary residential parent with the mother receiving 146 days per year of residential time.  The mother then appealed to the Tennessee Court of Appeals, where she argued that the court erred in granting custody to the father.

The Court of Appeals first noted that in any non-jury case, the trial court’s findings are reviewed de novo, but with a presumption of correctness.  It noted that custody findings often hinge on subtle factors such as credibility, and the trial judge is usually in the best position to make these determinations.

The appeals court went on to note that the primary factor is the child’s best interest.  Custody decisions are not intended to punish parents, but to make sure the child’s interests are taken care of.

In this case, the lower court had reviewed the statutory factors and concluded that the mother’s moving into an apartment with her male roommate cast doubts about her judgment in handling her parenting responsibilities.  It had also concluded that the mother was not a credible witness.

After reviewing all of the evidence, the Court of Appeals concluded that the evidence did not preponderate against the lower court’s findings.  For this reason, the Court of Appeals affirmed.

The appeals court remanded the case and assessed the costs of appeal against the mother.  It did, however, deny the father’s request for his attorney fees on appeal.

No. M2018-00174-COA-R3-CV  (Tenn. Ct. App. Mar. 7, 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.