Tennessee Parenting Plan Can Separate Siblings, But Counseling Ordered

Tennessee law case summary on custody and parenting plans in divorce and family law from the Court of Appeals.

Angelia Lynette Maupin v. Paul Wayne Maupin – Tennessee Divorce contempt

The husband and wife were married in 1993 and had three children, who were born in 1998, 1999, and 2002.  When the couple married, the husband worked at a Lowe’s store and the wife worked at a hospital.  Shortly after marrying, the husband quit his job and remained unemployed until 1998, when he began to work as a part-time mail carrier.  He also farmed, but showed no income most years, other than approximately $40,000 one year when he sold a tobacco allotment.  The wife also sold jewelry part-time, netting about $5000 per year at one point from that business.

In 2007, the wife became involved in an extramarital affair with a co-worker.  Even though she claimed that the affair had ended, it had actually continued through their marriage counseling sessions.  Even though the parties continued to live together, the mother filed for divorce in 2009.  The trial court found that both parties had established grounds for divorce and declared them divorced.  The court adopted a parenting plan by which the husband was the primary residential parent of the two boys, and the mother was the primary residential parent of the girl.  It also called for schedules by which the children would be together with a parent for part of the time.  The wife was ordered to pay the husband $594 per month child support.

The mother later filed a contempt motion, alleging that she had spent no parenting time with the boys as required by the parenting plan.  She testified that on one occasion, when she came to pick up the sons, they spit sunflower seeds at her and the husband laughed.  She also alleged that the husband had spurned the daughter.  The husband testified that he encouraged the boys to go with the wife, but they did not want to do so.  The trial court found that the refusal was by the sons, and that the husband was therefore not to blame and not in contempt.  The wife then appealed to the Tennessee Court of Appeals.

The Court of Appeals reviewed the evidence and concluded that the husband had the ability to influence the boys, and that they had adopted his views.  It did, conclude, however, that it was in the children’s best interest to have the father be the primary residential parent, at least initially.  Therefore, it did not modify the parenting plan, other than to require family counseling.

The question of whether the denial of the contempt motion was proper was not addressed by the Court of Appeals.

E2011-01968-COA-R3-CV (Tenn. Ct. App. Apr. 29, 2013).

See original opinion for exact language.  Legal citations omitted.

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