Biological Dad Granted Visitation, But Has Amount Reduced
Biological dad has custody award reversed after being told he was father.
Tennessee child custody case summary in divorce and family law.
The child in this Franklin County, Tennessee, case was born in 2016. Shortly thereafter, the mother married the man that she claimed was the father of the child, and his name was placed on the birth certificate. They divorced in 2021, at which time the husband was informed that he was merely the stepfather. Nonetheless, they agreed in the permanent parenting plan that he would continue to act as father, and that the child wouldn’t be informed of her actual parentage until she turned 18.
But in 2023, the mother let the cat out of the bag when she informed the biological father that he was the parent. This was confirmed by genetic testing, and the biological father asked to be named the parent, that a permanent parenting plan be put in place, and the girl’s surname be changed to his. He also asked for any rights of the stepfather to be terminated. The father filed an answer denying that his visitation should be terminated. He also asked for visitation under the Tennessee stepparent visitation statute. He also asked for reimbursement of child support paid following the divorce.
A guardian ad litem was appointed, and a hearing was held before Judge Gerald L. Ewell, Jr., whose job was to sort out the complex case. The child testified in camera.
The mother testified that she had informed the child of her parentage, despite her earlier agreement not to do so. The mother and biological father testified that all visits with the child had been positive, but they had never exceeded a few hours.
The biological father argued that the stepfather’s withholding the information from the daughter amounted to selfishness and fraud rather than love for the child. He also argued that an ongoing relationship would prevent him from bonding with the child. He also admitted that the stepfather should be cut out gradually, rather than all at once.
Ultimately, the trial court granted the biological father’s request to be named parent. But it also found that there was a danger of substantial mental, emotional, or physical harm if the stepfather did not get visitation. The stepfather was granted visitation every other weekend from Thursday to Sunday. The trial court also denied the stepfather’s claim for reimbursement of child support. The mother brought an appeal to the Tennessee Court of Appeals.
The mother first argued that the trial court had not made sufficient factual findings. But the appeals court noted that the introduction of a previously unknown man as the father would, at the very least, constitute a material change of circumstances.
The appeals court noted that “to be sure, this is a unique case,” since parenting time would be split between three people. The mother argued that she had an agreement with the biological father as to parenting time, but the appeals court held that the stepfather’s rights had to be taken into account.
The appeals court also concluded that the trial court’s ultimately agreeing to grant the permanent parenting plan proposed by the mother, giving the biological father equal parenting time, did not align with the trial court’s other findings. Essentially, it had granted the most parenting time to the person with the least contact with the child.
Ultimately, the Court of Appeals vacated the lower court’s ruling and remanded the case. And because of the time that had elapsed, the Court of Appeals ruled that new evidence should also be considered.
No. M2024-00541-COA-R3-JV (Tenn. Ct. App. Aug. 13, 2025).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Custody Laws in Tennessee and our video, How is child custody determined in Tennessee?
To learn more, see Modifying Custody & Parenting Plans and our video, How is child custody determined in Tennessee?
To learn more, see Child Support Laws 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.
