Mom not allowed to introduce photos, Dad gets parenting time
Tennessee child support case summary in divorce and family law.
Dad entitled to more parenting time, Facebook photos not admitted into evidence.
Carrie M. Thompson v. Stephen Matthew Thompson
The child in this Rutherford County, Tennessee, case was born in 2013, and under the original parenting plan, the mother was named primary residential parent with 233 days per year of parenting time. The father was given 132 days. Both parties returned to the court to ask for a modification. The evidence showed that both parents were not good at communicating with each other. The mother, for example, complained that her father had not reimbursed her for medical expenses, but she never provided receipts to the father. The court did find that there was a strong bond between the child and both parents. The court granted father more time with the child and gave him more flexibility. For example, he was allowed to take the child to work sites. The mother then appealed the case to the Tennessee Court of Appeals.
The mom argued that the lower courts erred by excluding Facebook photos of her son playing flag football. She had prohibited this. The lower court had excluded these due to lack of authentication.
The appeals court agreed with the lower court. The mother did not have any personal knowledge that could authenticate the photos. Nor was there any evidence that they were taken following the parenting plan. The appeals court agreed with the lower courts decision to exclude the photos.
In its appeal, the court noted that crafting a parenting plan requires a lot of factual information. Particularly in light of the lower court’s credibility determinations, it found that the parenting plan was supported by the evidence and the relevant statutory factors.
Finally, the appeals court found that since the father had prevailed on all issues in the case, he was entitled to his attorney’s fees on appeal. Therefore, the Court of Appeals affirmed the lower court, but remanded the case for determination of those fees.
No. M2023-00572-COA-R3-CV (Tenn. Ct. App. Legal citations omitted. Legal citations omitted.To learn more, see Child Custody Laws in Tennessee 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.
