Dad Doesn’t Get More Time Despite Immediate Change
Tennessee child custody modification case summary.
The child in this Knox County, Tennessee, case was born in 2017 to unwed parents. Litigation ensued, but a permanent parenting plan was eventually issued. The mother was ultimately awarded 237 days of parenting time, with the father receiving 128 days.
In late 2018, the father went back to court to request a change. He alleged that there had been a material change of circumstances, namely changes to his work and college schedule, and his decision to stop teaching a jujitsu class. He argued that he made the changes to maximize his co-parenting time.
However, the father failed to offer many specifics as to either his old or new schedules.
The case was heard by Judge Timothy E. Irwin, who ruled that there had been no material change in circumstances. The lower court dismissed the petition, and the father appealed to the Tennessee Court of Appeals.
The appeals court agreed with the lower court’s resolution of the case. The appeals court pointed out that a material change of circumstances was impossible, because the petition to modify was filed the very same day that the permanent parenting plan went into effect. Since changes of circumstances must take place after the order is in effect, there was no possibility in this case.
Aside from the timing problem, the appeals court agreed that the father had insufficient evidence of the alleged change of circumstances. The appeals court agreed that the changes were relatively minor.
For this reason, the Court of Appeals affirmed the lower court’s order. It also awarded the mother her attorney fees for the appeal, and taxed the costs of appeal upon the father. It remanded the case to the lower court for a determination of the attorney fees.
No. E2018-01951-COA-R3-JV (Tenn. Oct. 4, 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.
