Dad’s Parenting Time Reduced Due to Abuse and Conflict

Tennessee child custody modification case summary.

April R. Burchfield v. D. Ryan Burchfield

The mother and father in this Overton County, Tennessee, case were parents of two children born in 2006 and 2011.  They were divorced in 2014 on the grounds of irreconcilable differences.  Under the permanent parenting plan, the mother was named the primary residential parent, and the father was awarded 141 days per year of parenting time, every other week.

Conflict between the parents increased over time, and the mother eventually filed an order of protection.  After obtaining the order, the wife filed a petition to modify the parenting plan.  The father filed an answer, and asked to be named primary residential parent.

A long trial was held at which the parents testified, as well as teachers, employers, and other witnesses.  There were also psychological evaluations of both parties.

In 2017, the trial court made its ruling.  It found that there were a few discrepancies in the mother’s testimony, but that she was more credible than the father.  Ultimately, the court concluded that the mother had established a material change of circumstances, including physical abuse, a pattern of emotional abuse, and the use of conflict.  The court reduced the father’s parenting time from 141 days to 78 and gave the mother sole decision making authority.  The court later modified the order to give the father 104 days.  The father then appealed to the Tennessee Court of Appeals.

The appeals court first noted that the trial judge is uniquely positioned to observe demeanor, and that considerable deference must be given to factual findings.  It then turned to the issue of whether the change was in the children’s best interests.

It cited a Tennessee statute requiring a reduction of parenting time in the cases of certain kinds of abuse.  The lower court found that the father’s conduct fell under that portion of the statute, and the appeals court quoted the relevant findings.  After reviewing the evidence, the appeals court agreed with the lower court.  In fact, it pointed out that even after the judgment, the father’s actions amounted to continued use of conflict.

After reviewing additional issues, the Court of Appeals agreed with the lower court’s findings and affirmed.  It also affirmed the award of attorney’s fees to the mother and awarded the mother her attorney’s fees on appeal.  The case was remanded for a computation of those fees.

No. M2017-01326-COA-R3-CV (Tenn. Ct. App. May 21, 2019).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.

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.