Dad Wins Custody When Mom Fails to Provide Medical Information

The mother and father in this Montgomery County, Tennessee, case were never married, but were the parents of a child born in 2014.  Under the permanent parenting plan, the Juvenile Court named the mother the primary residential parent.  The father was granted one weekend per month of parenting time, to be exercised in Tennessee, with alternating parenting time during school vacations.

The father came back to court in 2022 asking for a modification.  He also requested contempt for the mother’s failing to allow his visitation during school breaks.  He also alleged that the mother failed to inform him of the child’s autism diagnosis, and failed to list him as the father in school and medical records.

After a hearing, the trial court made its final order.  It held that the mother’s testimony was not credible, and that the child had been left alone to care for her younger sibling.  It also agreed with the father that the mother had failed to inform him of the child’s medical conditions, and that the mother had shown an unwillingness to recognize the father as a parent.

Based upon this change of circumstances, the trial court granted the father’s petition and named him the primary residential parent.  The father was also granted significantly more parenting time.  Dissatisfied with this turn of events, the mother appealed to the Tennessee Court of Appeals.

The appeals court’s opinion, penned by Judge Andy D. Bennett, first stated the relevant standard of review.  It then turned to the propriety of a restraining order issued by the lower court.  But since the case had moved on, it found this issue to be moot.  It then turned to the heart of the case, the modification of custody.

That issue is predicated upon a finding of material change of circumstances, and the court turned to this issue.

On this issue, the lower court had relied upon its finding that the mother’s testimony lacked credibility.  Since the mother failed to present clear and convincing evidence to refute this finding, the appeals court agreed with the lower court that there had been a material change of circumstances.

The next issue in a custody case is the best interests of the child, and the appeals court turned to this issue.

The appeals court agreed with the mother that the lower court should have made specific factual findings on each issue, but did review the evidence in light of the statutory factors.

In this case, the appeals court noted that the mother failed to adequately inform the father of the child’s medical condition, despite requests.  He was also denied information about insurance and about the child’s education.  Text messages showed that the child was routinely left to care for a younger sibling.  It also held that the factor regarding the relative fitness of parents favored the father.

After reviewing all of the factors, the Court of Appeals agreed with the lower court.  For this reason, it affirmed the lower court’s judgment and assessed the costs of the appeal against the mother.

No. M2023-00240-COA-R3-JV (Tenn. Ct. App. June 25, 2024).

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.