Equal Parenting Time Not Best Interests of Children w/ Special Needs

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

Shantha Grace Pandian v. Juan Francisco Rodriguez  – Tennessee divorce equal custodial time of special needs children

The husband and wife, both of whom were physicians, were married in 1998 and divorced in 2011 in Washington County, Tennessee.  They were the parents of two sons, born in 2001 and 2003.  After trial, the trial court named the mother the primary residential parent, with father to have residential custody of the children for 103 days per year.  The husband, however, wanted to have equal parenting time, and appealed to the Tennessee Court of Appeals.

The wife was a board-certified psychiatrist with the VA Medical Center.  The husband worked as a geriatric psychiatrist at a different clinic in the same medical center.  Both children had special needs.  The older son suffered from speech delay, had a lot of anxiety, and required a great deal of structure in his life.  He suffered from attention deficit hyperactivity disorder and anxiety disorder.  The wife testified that the husband’s participation in the treatment recommendations had been minimal.  The younger son also had special needs.  He was a very intelligent child who required challenges in his educational environment.  The wife was also critical of the husband’s practice of moonlighting during the marriage.  The husband, however, testified that his wife did not complain, and actually enjoyed the extra income.

The trial court found that the wife was the primary caregiver.  The court found that the husband was capable of being a parent, but that equal parenting time was not in the best interest of the children.

The Court of Appeals first noted that it reviews such determinations for abuse of discretion, and that it was not the function of an appellate court to tweak a visitation order.  The Court of Appeals also noted that it was apparent that both parents were well-educated professionals in a good position to care for the children and attend to their special needs.

The Court of Appeals especially noted that a schedule calling for equal parenting time would be very disruptive to the children with their special needs.  Since the wife had previously been the “mover and shaker” with respect to the children, it was not an illogical conclusion for the trial court to act as it had.

For these reasons, the Court of Appeals held that the evidence did not preponderate against the trial court’s finding, and that the trial court had not abused its discretion.  Therefore, it affirmed the trial court’s decision.  The court assessed the costs of appeal against the husband.

No. E2012-00487-COA-R3-CV (Tenn. Ct. App. Apr. 23, 2013).

See original opinion for exact language.  Legal citations omitted.

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