Dad Gets Custody Based In Part on Mom’s Instability

Tennessee child custody case summary in divorce.

John J. Hasenbein v. Katerine J. Hasenbein

The mother and father in this Montgomery County, Tennessee, case were married in 2000 and had two children, born in 2004 and 2007.  The father was on active duty in the U.S. Army, stationed at Fort Campbell, Kentucky, with the family residing in Clarksville, Tennessee.  The father filed for divorce in 2016, and trial was held in 2017.  The father was named the primary residential parent, with both parents having equal parenting time.  After various post-trial motions, both parties appealed to the Tennessee Court of Appeals.

The mother argued that the father should not have been named primary residential parent.  She first argued that there was a variance between the trial court’s oral ruling and the final order, but the appeals court quickly rejected this position.  The court then turned to the issue of custody, an issue to be decided by a set of statutory factors.

The lower court had ruled that the mother’s failure to follow orders during the proceedings in the case was a factor that favored the father.  The mother argued that her derelictions did not relate to visitation and should not have been considered for that reason.  But the appeals court disagreed, pointing out that violation of any court order is a permissible factor for the court to consider.

The lower court had also considered the mother’s stability, and had pointed to a suicide attempt.  After reviewing the evidence, the appeals court agreed with the lower court’s determination.

The appeals court also looked at the children’s preference, allegations of abuse, and the mother’s infidelity.  After reviewing the evidence, the Court of Appeals found no error in the lower court’s rulings.

After trial, the court had granted a motion allowing the father’s new wife to pick up the children.  However, it also ordered that she was not granted any residential time.  The appeals court affirmed this ruling as well.

For these reasons, the Court of Appeals affirmed and remanded the case.

No. M2018-00070-COA-R3-CV (Tenn. Ct. App. Dec. 12,  2019).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws 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.