Timothy Lee Kendrick v. Judy Kendrick Shoemake

Summary

The Tennessee Supreme Court considered the standard for modifying child custody from one parent to the other. It held that modification requires both a material change in circumstances affecting the child’s well-being and a determination that the change is in the child’s best interests. The court affirmed the Court of Appeals as modified, concluding that the evidence did not establish a material change in circumstances, and remanded for proceedings concerning child-support-related expenses and current support.

Holdings

1. A trial court may modify an award of custody from one parent to the other only when both a material change of circumstances has occurred and a change of custody is in the child's best interests.
2. The preponderance of the evidence did not establish a material change in circumstances affecting Jordan's well-being in a meaningful way.
3. Because no material change in circumstances was shown, the court did not reach the separate question whether changing custody was in Jordan's best interests.
4. The trial court was required to determine qualifying expenditures made by the father for the children's necessities, apply those amounts as directed by the Court of Appeals against child-support arrearages, and award an appropriate amount of current child support for Jordan under the Tennessee Child Support Guidelines.

Questions Presented

1. What standard governs a petition to modify custody from one parent to the other parent?
2. Did the evidence establish a material change in circumstances sufficient to justify modifying Jordan's custody?
3. Whether the court needed to decide the child's best interests after finding no material change in circumstances.
4. What child-support-related matters required remand after disposition of the custody appeal?

Disposition

remanded