Pill Swapping TN Mom Loses Custody After Unstable Behavior

Tennessee child custody modification case summary after divorce.

Randall Charles Harrell v. Chassity Necole Harrell

The mother and father in this Wilson County, Tennessee, case had two children at the time of their 2010 divorce.  The mother was the biological parent and the father was the adoptive parent.  Litigation ensued over the parenting plan, and in 2014, a trial was held on the father’s petition to modify the parenting plan and name him the primary residential parent.  The father had alleged that there had been a change of circumstances based upon the mother’s drug use and instability.

The first witness was the ten-year-old son.  The trial judge initially questioned the child in chambers, and the judge initially concluded that he didn’t appreciate that if he told a lie, that there was any recourse.  However, after additional questioning, the child was allowed to testify.

After hearing all of the evidence, the trial court concluded that there had been a material change of circumstances warranting a change of custody.  He found that the parents were unable to cooperate in parenting, and that the mother had not been truthful, particularly in regard to the status of her friends.  The mother had asked the children which of her boyfriends she should potentially marry, which the court found placed an unreasonable burden on the child.  She was unable to meet school attendance schedules, and even took the son out of his favorite sport out of anger with the father.  The court also found that she engaged in “pill swapping” and the illegal sale of narcotics.  The court also awarded the father his attorney’s fees.  After some post-trial motions, the mother appealed to the Tennessee Court of Appeals.

On appeal, the mother first argued that the lower court had erred in accepting the testimony of the son.  However, the Court of Appeals noted that her lawyer had taken a different position at trial, and argued that this testimony was proper.

On the issue of changed circumstances, the appeals court also agreed with the trial judge’s findings.  The appeals court noted that the lower court had made detailed findings, and that they fully supported the finding of changed circumstances.  The Court of Appeals referred to the “Mother’s overall pattern of instability,” and made special note of the illicit drug activity.  It found that all of these significantly affected the children’s well-being, and warranted a change of custody.

The appeals court carefully reviewed all of the testimony, and held that the evidence did not preponderate against the lower court’s findings.

For these reasons, the Court of Appeals affirmed, and assessed the costs of the appeal against the mother.

No. M2014-02363-COA-R3-CV (Tenn. Ct. App. Apr. 4, 2016).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.