Summary
The Tennessee Court of Appeals affirmed a trial court’s modification of a permanent parenting plan designating the father as the primary residential parent. The court held that the mother’s remarriage and frequent travel to Texas constituted a material change in circumstances affecting the children’s well-being, while her new work schedule did not independently establish such a change.
Topics
Practice areas
Questions Presented
- Whether the evidence preponderated against the trial court's finding that a material change in circumstances warranted modifying the parenting plan and designating Father as the primary residential parent.
- Whether Mother was entitled to attorney's fees on appeal.
- Whether Father was entitled to attorney's fees on appeal based on an allegedly frivolous appeal.
Holdings
- The evidence did not preponderate against the trial court's finding that Mother's remarriage and frequent travel to Texas constituted a material change in circumstances affecting the Children's well-being in a meaningful way. The modification designating Father as the primary residential parent was affirmed.
- Mother was not entitled to attorney's fees on appeal because she did not prevail.
- Father was not entitled to appellate attorney's fees because the appeal was not frivolous or taken solely for delay.
Key quotations
“We conclude that the evidence does not preponderate against these findings or the trial court’s conclusion that Mother’s remarriage was a material change in circumstances that affected the Children in a meaningful way.” (at 7)
“Exercising our discretion, we conclude this appeal was not frivolous or taken only for delay. We therefore decline to award attorney’s fees to Father.” (at 8)
Factual background
Mother and Father divorced in 2021, with Mother designated as the primary residential parent of their two daughters. After the 2022 parenting plan, Mother began working three twelve-hour night shifts per week, married Austin Bowman, moved her belongings to his Texas home, and traveled to Texas approximately twice per month, often taking the Children with her. Mother continued living with her parents in Tennessee, while Father retired from the military, obtained suitable housing, and maintained a work schedule that increased his availability. The trial court found that Mother's remarriage and frequent travel materially affected the Children's well-being and designated Father as the primary residential parent.
Procedural history
The parties' 2021 divorce decree designated Mother as the primary residential parent. In 2022, the parties agreed to increase Father's parenting time. In 2024, Mother petitioned to relocate to Texas, Father counterpetitioned to become the primary residential parent, and the trial court denied Mother's relocation petition, granted Father's counterpetition, and entered a modified parenting plan. Although Mother later abandoned the relocation, the trial court confirmed the modification based on other changed circumstances. The Court of Appeals affirmed and declined to award attorney's fees to either party.
Remand instructions
The matter was remanded only for ordinary appellate-cost purposes; the judgment was affirmed and costs were assessed against Mother.