TN Kids School Change Is Not Changed Circumstances to Modify Custody

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

Holly Geneace Garrett v. Mark Anthony Garrett – Tennessee Divorce primary residential parent, change of circumstances, intervention.

The mother and father were divorced in 2012 and had agreed to split their parenting time equally.  The mother was designated as the primary residential parent.  The mother then enrolled the children in the school close to her residence.  The father objected, and instead wanted the children enrolled in the pre-divorce school.  Under local school district policy, the school attendance was determined by the primary residential parent’s residence.

The trial court allowed the school district to intervene in the case.  After a hearing, the trial court made the father the primary residential parent, which allowed the children to attend the pre-divorce school.

The mother then appealed to the Tennessee Court of Appeals.

The Court first noted that even though neither party had appealed the issue, it was improper to allow the school district to intervene in the divorce action.  The intervention essentially allowed the trial court to consider the district’s policy, when the focus should have instead been focused on the best interests of the children.

On the issue of the change in the parenting plan, the Court of Appeals held that this issue should have been analyzed as a material change of circumstance.  The change of schools and residential parent was not a mere change in schedule–it was a modification of custody arrangements.  To make such a modification, the trial court is first required to find or identify those changed circumstances.   In this case, there was not a changed circumstance.  Instead, when the parties agreed to name the mother the primary residential parent, they were aware of the school district’s policy, and the change would have taken effect based upon their decision.  Therefore, there had been no change of circumstances when the father later sought modification.

For these reasons, the Court of Appeals reversed the judgment of the trial court, and named the mother the primary residential parent.

No. E2012-02168-COA-R3-CV (Tenn. Ct. App. Apr. 12, 2013).

See original opinion for exact language.  Legal citations omitted.

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