TN Parents Reconciling then Separating Does Not Warrant Parenting Plan Change
- At July 16, 2013
- By Miles Mason
- In Custody Modification
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Tennessee law case summary on custody modification in family law from the Court of Appeals.
Earl Greenwood v. Christi Purrenhage – Tennessee divorce parenting time modification
The father and mother were never married, but had two children who were born in 2001 and 2002. Between the births of the two children, there was a safety plan order because of domestic violence and a violation of an order of protection. In 2002, the children were placed in the custody of the Department of Children’s Services. The parents later regained custody, and a permanent parenting plan was adopted. The mother was named the primary residential parent, and the father was to have parenting time with the children two afternoons a week and every other weekend.
During the intervening years, the parents lived together again on two occasions. During those times, they did not follow the parenting plan, but they resumed following the plan when they separated. After the final separation, the father filed a petition to modify the parenting plan. He alleged that there had been a change of circumstances because the parents had lived together and not applied the parenting plan. When they again separated, he argued that this constituted a change of circumstances. He asked for a modification to have the children live with him every other week. The trial court denied this petition on the grounds that there had been no material change of circumstances. The father appealed to the Tennessee Court of Appeals.
The Court of Appeals noted that the threshold for finding a material change of circumstances was a low one, but there was still a threshold. The trial court, after hearing the evidence, had concluded that there was “not one single thing that has changed.” Even though the mother had voluntarily allowed the father more parenting time than the plan required, this did not constitute a material change. Instead, it was nothing more than an example of parental cooperation, which the trial court concluded should be encouraged rather than penalized.
The Court of Appeals agreed with this analysis, and concluded that the evidence did not preponderate against the trial court’s finding. Therefore, it affirmed the trial court’s judgment. The Court of Appeals further assessed the costs of appeal against the father.
No. M2012-00422-COA-R3-JV (Tenn. Ct. App. Mar. 26, 2013).
See original opinion for exact language. Legal citations omitted.
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