Abuse By Mom’s New Husband Costs Her Custody of Child

The child in this Chester County, Tennessee, case was born in 2021 to unwed parents who separated when the child was six months old.  After the separation, the father filed a petition to establish parentage and a permanent parenting plan.

The parents agreed to a permanent parenting plan under which the father was named the primary residential parent with 183 days of parenting time, with the mother having 182 days of parenting time.

But the case was soon back in court when the mother made a motion for contempt and the father filed a petition for emergency custody.  The trial court granted the father’s petition temporarily, suspended the mother’s parenting time, and gave the mother only supervised visitation.  The new order also prohibited any contact with the mother’s new husband.

The father’s petition was based upon two assaults upon the mother by the new husband, and the mother’s subsequent decision to reconcile.  The new husband also had a considerable criminal record.

A full hearing took place, at which a number of witnesses, including the mother’s mother, testified as to acts of abuse by the new husband.  Nonetheless, the mother testified that she saw nothing wrong with having the child around the new husband, and that she intended to continue the relationship.  She also stated that she quit her job as a nurse and was now financially dependent upon the new husband.

The trial court after hearing concluded that the mother had previously perjured herself and was not a credible witness.  It also made findings as to the new husband’s drug use, criminal history, and history of domestic violence.

Ultimately, the trial court concluded that there had been a material change of circumstances, and that the mother’s living arrangements were unsafe for the child.  It reduced the mother’s visitation to 59 days and ordered that it be supervised.

The mother then appealed to the Tennessee Court of Appeals.  That court looked first to whether there had been a material change of circumstances.  It concluded that there had been, as a change in home environment via the impact of a significant other can constitute one.  The appeals court found that the evidence did not preponderate against the lower court’s findings.

The mother argued that the child had not yet suffered any abuse.  But the appeals court found that the new husband’s drug use, criminal behavior, and history of domestic violence was sufficient to raise serious concerns about the child’s safety.

The mother also argued that modification was not in the child’s best interest.  But again, the appeals court pointed to the lower court’s findings as to the new husband’s criminal behavior.

Based upon its review of the case, the Court of Appeals affirmed the lower court’s judgment and taxed the costs of appeal against the mother.

No. W2024-00047-COA-R3-JV (Tenn. Ct. App. Apr. 22, 2025).

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?

To learn more, see Modifying Custody & Parenting Plans 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.