Dad’s Visitation Reduced After Erratic Parenting Time
Tennessee child custody case summary on changing visitation.
Amanda Bliss Gricunas (Harmon) v. Andrew James Gricunas
The mother and father of two children in this Greene County, Tennessee, case were divorced in 2010. The permanent parenting plan was modified in 2013, and called for the father to have responsibility for the children from Tuesday through Wednesday afternoon, and every other weekend.
In 2018, the mother made a petition to modify, on the grounds that the father had not been consistently following the sharing schedule. She argued that this irregular schedule was not beneficial for the children. She also asked for modified child support and half of past and future medical expenses.
The father disputed the allegations, and the case was heard by Judge Beth Boniface. The trial court granted the petition, and the mother appealed to the Tennessee Court of Appeals.
The appeals court first noted that in non-jury cases, the review is de novo, but with a presumption of correctness. The issues in the case were whether there had been a material change of circumstances and whether a modification of the parenting plan was in the children’s best interest.
The appeals court reviewed the evidence and agreed with the lower court that there had been a material change of circumstances. It pointed to the fact that the father had missed numerous visits, didn’t attend sporting events, and doesn’t participate in their extra-curricular activities. It also noted that the father lacked a consistent residence, a fact which had led to school tardiness. Based upon this evidence, the appeals court agreed with the lower court that there had been a material change of circumstances warranting a modification of custody.
The appeals court also reviewed the judgment concerning medical expenses. It again agreed that the lower court had made a proper ruling.
For these reasons, the Court of Appeals affirmed the lower court’s ruling and assessed the costs of the appeal against the father. The case was remanded for any further proceedings.
No. E2018-02284-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2020).
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.
