Tennessee Father Unable to Prove Change of Custody Legal Requirements
Tennessee law case summary on child custody modification in Tennessee divorce and family law from the Tennessee Court of Appeals.
Bradley Bruce Scofield vs. Shaila Jan Scofield – Tennessee Child Custody Modification After Divorce
Bradley Bruce Scofield and Shaila Jan Scofield divorced after 17-years of marriage, setting a Permanent Parenting Plan for their three children in 2003, including designating the Mother as primary residential parent and granting the Father standard parenting time.
One year after the divorce, the Mother relocated with the children. She then relocated two more times before the court process reached its final decision. Each time she moved with the Parties’ children.
Amidst the relocations, the Father decided to retire from the U.S. Army and to make Huntsville, Alabama his permanent residence. Concurrent with his decision to retire (approximately one year before it became effective), he petitioned for a modification of custody of the Parties’ Children to live with him.
A two-day trial ensued in 2005 at which numerous witnesses testified, including the Father, the Mother, the Parties’ two older children, several teachers, and a law enforcement officer. At the conclusion of the hearing, the trial court dismissed the Father’s case for failing to present sufficient evidence of a material change of circumstances that would warrant consideration of modification of custody. The trial court also awarded the Mother her attorney’s fees for having to defend against the Father’s petition to modify custody. The decision was affirmed on appeal, and the appellate court added an award of the Mother’s appellate attorney’s fees against the Father, as well.
The Father’s allegations were negative and serious, ranging from alcohol in the home to abusive corporal punishment to guns in the home to a decline in the Children’s grades. The allegations also included arguments about a lack of household stability, relative to the Mother’s several relocations in a short period of time.
However, the witnesses did not support the Father’s allegations. Three teachers complimented the Mother on her active involvement in the Children’s education, including talking with teachers several times per week, seeking support services, and engaging in school activities. While the Children’s grades declined, the trial court and the appellate court found that a decline in grades, “alone” was insufficient to constitute a material change of circumstance “…or to conclude that it is Mother’s fault.” The appellate decision speculated: “Other factors, such as a more rigorous curriculum or a desire to fail in order to return to Huntsville, could be material.”
Indeed, there was strong evidence from the Children’s own testimony that there was a concerted plan between the Father and at least the oldest son to do “everything in his power to help his father’s case with the end goal being that he would primarily reside with his father in Huntsville.” The judicial conclusion was supported by testimony from the Son that included “…I was just trying to do whatever I could to get back with my dad because I don’t – I really don’t want to live with my mom.”
But two of the Father’s allegations were summarily dismissed by the trial court and simply reiterated by the appellate court, specifically the allegations of abusive corporal punishment and guns in the home. As to the corporal punishment allegations, the trial court found that “…corporal punishment is a regular form of punishment used by most parents…” even when it is “[a] pop on the bottom leaving a red mark…” even with a “wooden spoon” or “paint stirrer.” As to the gun allegations, the trial court described one having a lock and one not having a bolt, and that another gun was found “hidden” under a mattress. As to both findings, the appellate decision comments in one sentence that the proof was insufficient to establish a material change of circumstance that had a substantial adverse effect upon the Children.
No. M2006-00350-COA-R3-CV, 2007 WL 624351 (Tenn. Ct. App. Feb, 28, 2007).
See original opinion for exact language. Legal citations omitted.
For more information, see How to Change Custody in Tennessee and How to Change Visitation in Tennessee.
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