Tennessee Mother’s Drinking Problem Makes Father Residential Parent

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

Leslie Newpher Tachek v. David James Tachek – Tennessee divorce child custody

The trial court granted a divorce to husband based upon the wife’s inappropriate marital conduct, including drinking, and that the mother allowed the children to get away with too much, such as painting on doors and walls.  The court also noted that the wife was a poor housekeeper.  The trial court also believed that the husband would be better to put the children on a schedule and take care of their needs.  The trial court named the husband the primary residential parent and awarded him the family home.  Under the parenting plan, the husband was given 221 days with the children and the mother 144 days.  The wife was also ordered to pay $523 per month in child support.  The wife appealed to the Tennessee Court of Appeals.

The Court of Appeals agreed with the trial court and affirmed the judgment.  The Court of Appeals found that some of the relevant factors weighed equally for both parents.  For example, love and emotional ties, ability to provide for the children’s needs, and the school and community record weighed equally.  However, the other factors strongly favored the father.

In particular, the Court of Appeals noted that the evidence showed that the husband would give the children more stability and continuity, because the mother was poorly equipped for parenting and often needed to “get away.”

The Court of Appeals also noted that the mother obviously had a serious drinking problem which was getting worse over time.  For this reason, the husband would give the children a more satisfactory and stable home environment.

Because the evidence did not preponderate against the trial court’s findings, the Court of Appeals affirmed.  The Court of Appeals also affirmed the property distribution of the trial court.

No. M2011-02661-COA-R3-CV (Tenn. Ct. App.Aug. 15, 2012).

See original opinion for exact language.  Legal citations omitted.

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