Court Failed to Find Whether Father Abused Child

Tennessee child custody case summary.

Samuel Randall Friedsam, III, v. Frankie Michelle Krisle

The child in this Rutherford County, Tennessee, case was born in 2016 to unwed parents.  The mother allowed the father unsupervised time with the child until a visit when the child was three months old.  The father called to report that the child was crying uncontrollably, and he asked the mother to come get the child.  After that incident, the mother did not allow the father contact with the child unless someone she chose was present.

The father filed a parenting petition in 2019.  The parties agreed to an order naming the father as the legal parent.  A mental evaluation of the father was done, and the case went to trial in 2020.  The mother requested that the father have only supervised parenting time, but the father asked for equal parenting time.

The trial focused on the mental examination conducted by a licensed psychologist, Dr. David C. Mathis, who diagnosed the father with a personality disorder, unspecified, and recommended continuing psychotherapy.

After hearing the evidence, the trial court granted equal parenting time, to be implemented on a gradual basis.  The mother then appealed to the Tennessee Court of Appeals.

The mother argued that there had been clear evidence that the father abandoned the child, that there was a history of domestic abuse, and that additional witnesses should have been allowed to testify electronically.

After discussing the relevant statute, the court turned to the issue of abandonment.  Under the statute, parenting time can be limited if there is willful abandonment that continues for an extended time.  The mother argued that the father went a year with little or no visitation before filing the petition.  But the trial court had examined the evidence and concluded that most of this lack of visitation was based upon an agreed order, and was with the mother’s consent.

On the issue of abuse, the mother’s argument fared better.  In particular, the appeals court found that the trial court had not adequately looked into this issue.    In particular, there was no specific finding as to whether abuse had taken place.  It found that this was a central issue in the case that the lower court had not resolved.  Therefore, it remanded the case for a reconsideration of this issue, but noted that the lower court could also consider new facts that might have arisen.

As for the witness who was not allowed to testify electronically, the appeals court held that the issue was waived, since the mother failed to make an adequate offer of proof.

For these reasons, the case was affirmed in part, vacated in part, and remanded.  Costs of the appeal were taxed half to each party.

No. M2021-00530-COA-R3-CV (Tenn. Ct. App. Aug. 25, 2022).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws in Tennessee and our video, How is child custody determined in Tennessee?

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.