Inappropriate Tik Tok Videos Not Enough to Change Custody
Tennessee child custody case summary.
The child in this Lake County, Tennessee, juvenile court custody case was born in 2016 to unwed parents. The parties agreed to a parenting plan under which the mother was named the primary residential parent, with the father having 182 days of parenting time.
In 2020, the parties had separated, and the mother filed a petition to modify the parenting plan. She sought to reduce the father’s visitation time to every other weekend. The father filed an answer and counter-petition and asked to be named primary residential parent. Under his parenting plan, he would have 280 days per year of parenting time.
The father alleged that the mother had published an inappropriate Tik Tok video of an older child, as well as an allegedly pornographic video of herself. He testified that the child had reported a naked man in the mother’s home.
The mother agreed that the Tik Tok video was inappropriate, but that it had been posted by the child without her permission or assistance. She denied posting the video of herself, but that she had made a pornographic video ten years earlier.
The trial court denied both motions, finding that a change of custody was not in the child’s best interest. The trial court noted the parties had disdain for one another, and accused both of shameful behavior. Both parties were ordered to attend counseling. The father appealed to the Tennessee Court of Appeals.
The father first argued that the trial court had erred in considering a photo and video that had not been offered into evidence. But the appeals court held that the error, if any, was harmless. The appeals court did point out that there was no issue as to the admissibility of the evidence, but only that they had never been formally offered as evidence.
The father next argued that the trial court had erred by considering the circumstances under which the current parenting plan had come into place. In particular, the mother alleged that she was forced to enter into it. The trial court had found that this was part of a pattern of manipulation. However, the appeals court examined the evidence that had been considered, and held that the trial court had not erred. In particular, it noted that the trial judge is in the best position to weigh credibility.
On the actual decision to modify custody, the appeals court pointed out that trial courts have a great deal of discretion when it comes to such matters. The appeals court listed the statutory factors and reviewed the lower court’s ruling in light of those factors. It concluded that the evidence supported the lower court’s ruling.
For these reasons, the Court of Appeals affirmed the lower court and taxed the costs of appeal against the father.
No. W2021-00910-COA-R3-JV (Tenn. Ct. App. Oct. 19, 2022).
See original opinion for exact language. Legal citations omitted.
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.
