Dad Gets Equal Time With Kids After Change of Circumstances

The parents in this Rutherford County, Tennessee, case were divorced in 2019, and a permanent parenting plan was entered regarding their three children.  The mother was named the primary residential parent and received most of the parenting time.  But in 2022, the father alleged a material change of circumstances, and he asked the court for equal parenting time.  After trial before Judge Bonita Jo Atwood, the mother retained the primary residential parent, but the father was granted equal parenting time.  The mother appealed to the Tennessee Court of Appeals.

The father first argued that the appeal should be dismissed because of deficiencies in the mother’s brief, and the court agreed that the “brief is not ideal by any stretch.”  But it also found that the issues were clear, and the court should not resort to the drastic remedy of deeming her issues waived.

The mother first argued that the trial court erred in giving the father the federal tax exemption.  She argued that it should have been alternated.  But the Court of Appeals first pointed out that this was discretionary with the trial court, and after examining the evidence, it held that the discretion had not been abused.

The mother next argued that the lower court erred in not alternating the Thanksgiving holiday.  Instead, the mother had the children until 2:00 PM each year, and the mother argued this was unfair, since the children would always have Thanksgiving dinner with the father.  But again, the Court of Appeals held that the lower court acted within its discretion in setting this timing.

The trial court had also directed that the parents should not allow third parties to assist with visitation exchanges, and the mother took issue with this ruling.  But the appeals court stated that it would not second-guess or tweak such details.

The trial court had reduced the father’s child support obligation by $400, and the mother also appealed this ruling.  The court noted that, subject to the guidelines, this was another issue within the lower court’s discretion.  Since it found no abuse of that discretion, it again affirmed.

Finally, the father argued that the mother’s appeal was frivolous.  But here, the appeals court gave the mother the benefit of the doubt and ruled in her favor.  It did, however, assess the costs of appeal against her.  It affirmed the lower court’s judgment and remanded the case for collection of costs.

No. M2024-01298-COA-R3-CV (Tenn. Ct. App. Aug. 11, 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?

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.