Dad Gets Custody After Mom’s Numerous Abuse Claims

Tennessee child custody modification case summary.

Lindsey Beth Honea v. John William Honea

Dad Gets Custody After Mom’s Numerous Abuse Claims

The mother and father of three in this Rutherford County, Tennessee, case were married for eight years before their 2017 divorce.  The mother was named the primary residential parent, and the father was awarded 148 days per year of parenting time.

The next year, both parties were back in court asking for the other parent to be held in contempt.  The father argued that the mother refused to transfer the children to him as required by the parenting plan.  The mother countered by alleging that the children had been treated inappropriately by relatives of the father while he was at work.  Both parties were ultimately held in contempt and were required to serve jail sentences.

The court also agreed that the original parenting plan wasn’t working and ordered a change.  The trial court noted that there had been constant hostility.  But the trial court found that the mother’s efforts to alienate the children from the father had intensified.  Accordingly, the court modified the parenting plan and named the father the primary residential parent, with equal parenting time.  A prior provision against the father’s consumption of alcohol in the presence of the children or twelve hour prior was to remain in place.  The mother appealed to the Tennessee Court of Appeals.  After affirming the contempt orders, the appeals court turned to the modification of parenting time.

The appeals court first noted that the review was de novo, but with a presumption of correctness of factual findings.  The legal standard is whether there was a material change of circumstances such that the original plan was no longer in the children’s best interests.

The mother argued that the trial court had misconstrued the evidence, particularly in finding that she had alienated the children.

The mother had made numerous complaints to law enforcement, and all of these were found to be unsupported by the evidence.  The appeals court addressed all of the accusations, and there was testimony from teachers, doctors, and police.  The trial court had made credibility determinations, and concluded that the father had established a material change of circumstances.

After its extensive review of the evidence, the appeals court agreed with the father that the lower court had not abused its discretion.  Therefore, it affirmed the lower court’s ruling.  It also assessed the costs of appeal against the mother.

No. M2020–00881-COA-R3-CV (Tenn. Ct. App. Apr. 22,  2021).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.

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.