TN Parenting Plan Modified Though Changes Not Completely Unanticipated

Tennessee law case summary on parenting plan modification in divorce and family law.

Andrew K. Armbrister v. Melissa H. Armbrister – Tennessee divorce parenting time modification.

The mother and father, both of whom were dentists, were married in 2000.  They had a son born in 2006 and a daughter born in 2008.  Shortly after the daughter was born, the father filed for divorce.  The divorce was granted to the mother, who was named the primary residential parent.  She was granted sole decision-making authority and 280 days per year parenting time.  The father was given 85 days per year parenting time.

In 2011, the father filed a motion to modify the parenting plan asking for equal parenting time.  He alleged that the circumstances had changed because he had remarried, that his new wife had a great relationship with the children, that he had purchased a home near the mother, and that his work schedule had changed.  He also alleged that the mother had been inflexible, a charge that the mother denied.

The trial court concluded that there had been a change of circumstances, and that a change of the parenting plan would be in the children’s best interests.  Therefore, it modified the parenting plan to give father 143 days parenting time and mother 222 days.  The mother appealed to the Tennessee Court of Appeals, and in July 2012, the Court of Appeals reversed.  It held that there had not been a change of circumstances as required by Tennessee law.  One Judge of the Court of Appeals dissented, arguing that the changes were not anticipated at the time of the original parenting plan.  The father appealed to the Tennessee Supreme Court.

The Supreme Court first pointed out that the trial court’s factual findings have a presumption of correctness, unless the preponderance of evidence is to the contrary.  Legal questions, on the other hand, are reviewed anew, with no presumption of correctness.

The Supreme Court noted that some of the state statutes are “not a model of clarity” and that making a parenting plan is one of the most important responsibilities that a court has.  The concept of a “material change of circumstances” dated back to a 1943 case.  At that time, the term was interpreted as one to be used in emergency-type situations.  However, over the years, that standard had been relaxed, and courts were more willing to find a material change of circumstances.  In 2002, the Tennessee legislature adopted standards setting forth what constituted a change of circumstances, and made clear that things other than substantial harm to the child could be considered.  Those were amended by the legislature again in 2004.  The supreme Court pointed out that the effect of the 2004 amendment was to make it much easier to establish a material change of circumstances.

Based upon its reading of the 2004 statute, the Supreme Court concluded that there is no longer a requirement that the change of circumstances were completely unanticipated at the time of the original parenting plan.  Even if they might have been anticipated, they can still be relevant, as long as they fit the statutory factors.

The Court then applied the 2004 standards, and concluded that the trial court had correctly modified the parenting plan.  The remarriage, the stepmother’s relationship with the children, and the father’s purchase of a new home were all relevant factors, and the court examined how they affected the best interests of the children.

For these reasons, the Supreme Court reversed the Court of Appeals, and reinstated the trial court’s modification of the parenting plan.

No. E2012-00018-SC-R11-CV  (Tenn. Oct. 21, 2013).

See original opinion for exact language.  Legal citations omitted.

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