Finding of No Material Change Reversed in Nashville, Tennessee Child-Custody Change: In re Jonathan S. jr.

Herston on Tennessee Family Law

Facts: Mother and Father, the parents of Child, never married, and their relationship ended several months after Child was born.

Several years later, they entered an agreed parenting plan that allowed Father to have parenting time one weekend per month and for extended periods during school holidays. By then, Mother was married and living in Nashville, while Father was living in Michigan.

In 2015, Father petitioned to modify the parenting plan to designate him as the primary residential parent.

The proof showed Mother had recently separated from her husband and moved in with her mother. Mother was kicked out of her mother’s home after a physical altercation. In the most “Tennessee” statement I’ve seen in an appellate opinion in quite some time, the Court described the altercation:

[Mother] explained she had thrown a bowl of grits at her mother during an argument about money and the two ended up…

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