Mom Quits Job as Licensed Prostitute and Successfully Defends Tennessee Custody

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

Charles W. Hendricks v. Lori A. Smith – Tennessee custody

The mother and father of two children entered into a parenting plan in 2011.  In 2012, the father made a motion for contempt and to modify the plan.  In 2013, the two parents agreed to a new plan.  Among other things, the new plan designated the mother as the primary residential parent.   A magistrate approved the plan on March 1, 2013.  On March 12, the father was back in court asking for an emergency temporary order of custody.  He argued that the earlier plan had been procured by fraud, since the mother never disclosed that she was working as a licensed prostitute in Nevada.  In August, the magistrate held that there had been a material change of circumstances and that it was in the children’s best interests to be with the father.  The mother appealed to the Juvenile Court.  After trial, it ultimately affirmed, even though the mother pointed out that the children were not exposed to her new profession, and she was no longer working as a prostitute at the time of trial.  The mother then appealed to the Tennessee Court of Appeals.

The appeals court first noted that modification of an earlier parenting order is a two-step process.  First, there must be a change of circumstances.  But the trial court must then make a determination as to the best interest of the children.

Even though there had been a trial in the Juvenile Court, that court had made no explicit findings as to the best interest of the children.

The appeals court held that this finding was required, and it declined to search for the evidence itself.  Therefore, it found it necessary to vacate the judgment and remand the case for the lower court to consider all of the relevant factors.

No. E2014-00893-COA-R3-JV (Tenn. Ct. App. Jan. 8, 2015).

See original opinion for exact language.  Legal citations omitted.

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.