Custody Changed Due to Tennessee Mom’s Stalking and Threats

Tennessee law case summary on custody modification in family law from the Court of Appeals.

Cody S. Thomas v. Jenna R. (Thomas) Miller

The mother and father in this Tennessee divorce case were divorced in 2009 in Moore County.  They agreed to a permanent parenting plan for their daughter.  The mother was named the primary residential parent with 235 days of parenting time.  The father was awarded 130 days of parenting time.  The plan also held that major decisions, including education, would be made jointly.

In 2012, the father went back to court asking for a modification and asking that the mother be held in contempt.  He alleged that he had been providing care in excess of the time called for in the agreement, because the mother was involved in an unstable lifestyle.  He stated that he feared for his safety and the child’s after incidents involving physical attacks and stalking.

He also alleged that the mother had enrolled the child in pre-kindergarten without consulting him, in violation of the agreement.

Shortly thereafter, the trial court entered a temporary order ordering the mother to keep the child away from her new boyfriend.  In addition, the trial court ordered the child enrolled in a different school district.

Various other motions were heard, the result of which was that the father was named primary residential parent, with both enjoying approximately equal parenting time.  The mother then appealed to the Tennessee Court of Appeals.

The appeals court first noted that the threshold issue was whether there had been a material change of circumstances.

The appeals court carefully analyzed the evidence and agreed with the lower court that there had been a change of circumstances.  Most such decisions are fact intensive, and the appeals court noted that the lower court had found the father to be the more credible witness.  For this reason, the Court of Appeals affirmed the modification.

The lower court had also found the mother in contempt and awarded the father $675 as a result.  The appeals court reversed this portion of the order, since it found that the mother had not been on adequate notice that she faced a finding of contempt.

No. M2013-01485-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2015).

To learn more, see Modifying Custody & Parenting Plans in Tennessee After Divorce.  See also Miles Mason’s book available on Amazon.com 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.

See original opinion for exact language.  Legal citations omitted.