Dad Not Entitled to Change of Custody When Kids Left Alone

Tennessee child custody case summary on modification after divorce.

Joshua Timothy Canada v. Tonya Marie Canada

The mother and father in this Tennessee case were divorced in 2012 and had two children, born in 2000 and 2004.  The children were in public school in Dyer County, and the parties agreed to a permanent parenting plan giving equal parenting time on an alternating week-to-week basis.  The mother was named the primary residential parent.

In 2014, the relationship between the mother and daughter became strained, and the parties agreed that the daughter would stay with the father for an extended time.  That same year, the father petitioned for a modification of custody on the grounds that there had been a material change of circumstances.  He submitted a proposed parenting plan naming him the primary residential parent, with the mother getting parenting time alternating weekends and designated holidays.  The mother objected, and a hearing was held.

The father had remarried and moved with his current wife about 45 miles away.  He expressed concern that when the children were with the mother, they were sometimes left alone, but this never happened at his house.

After considering all of the evidence, the trial court concluded that there had been no matrial change of circumstances.  However, it went on to find that if there had been a finding of material change of circumstances, that the best interests of the children would have called for a change of custody to the father’s home.  Because there had been no change of circumstances, the trial court denied the petition.  The father then appealed to the Tennessee Court of Appeals.

The father argued that there had been a material change of circumstances, but the appeals court found that the evidence did not preponderate against the lower court’s finding.  While the court did review a number of incidents when the children were left alone, it went on to conclude that these incidents did not significantly impact the children.

After reviwing the evidence, the Court of Appeals held that since there had been no material change of circumstances, the lower court’s judgment should be affirmed.

No. W2014-02005-COA-R3-CV (Tenn. Ct. App. Sep. 4, 2015).

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 actual examples of parenting plans and child support worksheets from real cases available on Amazon.com.