Tennessee Mom Loses Parenting Time Due to Jealous and Bitter Behavior
- At June 11, 2013
- By Miles Mason
- In After Divorce, Custody Modification, Home
- 0
Tennessee law case summary on parenting time modification in divorce and family law from the Court of Appeals.
Lawrence Taylor, Jr. V. Ladonna Knott – parenting plan modified after divorce
The mother, LaDonna Knott, and the father, Lawrence Taylor, had two children. In October 2005 the court designated the father as the primary residential parent and in May 2007, the parenting schedule was changed to allow both parents equal time with the children. The father filed a new petition for modification of the parenting schedule in April 2010. The trial court ruled that there was a material change in circumstances and that as a result, a modification of the parenting schedule was in the children’s best interests. The trial court reduced the mother’s time with the children to alternating weekends and holidays and two weeks in the summer.
The father’s petition was based on the mother’s behavior toward the father and it’s impact on the children. The incident leading up to the petition for modification took place in March 2010. The father, now married to another woman (the wife), asked the mother to watch the children on his scheduled parenting days so he could vacation in Mexico with the wife. The mother agreed. After the father arrived in Mexico, the mother notified him and the children’s caregiver that she would not take the children on the father’s designated days and threatened to allow them to be taken into state custody. The father, who also received an urgent call from the caregiver regarding the mother’s refusal to pick up the children, purchased an early return ticket home and ended his vacation.
Based on this and other evidence brought to the trial and the testimony of witnesses, the court found that there was a material change in circumstances since the initial order from 2007, and most noticeably since the father married in 2008. They found that the mother is unable to co-parent, demonstrates controlling and harassing behavior, finds it difficult to share in activities where the father and the wife are present, and her comments and actions regarding the children and their father are increasingly noticed by the children. In addition to the Mexico incident, the mother cut off her children on the phone when they spoke about their father while visiting him and told them how sad she was while they were away from her, which caused distress to one of the children. The children were uncomfortable when in the presence of both parents at school functions. The court found that while the mother obviously loved her children, “she is not willing to work with others in their lives and cannot put her jealousy and insecurity aside for the betterment of the boys.” Taken together, the trial court found that there was a change in the circumstances that required a change in the parenting schedule for the best interests of the children. Her behavior caused the children anxiety and therefore the court had to step in.
On appeal (brought by the mother), the court looked almost exclusively to the evidence and testimony brought by the trial court and came to the same conclusion. The mother’s appeal was denied.
No. M2012-00172-COA-R3-JV (Tenn. Ct. App. Dec. 12, 2012).
See original opinion for exact language. Legal citations omitted.
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