The parenting schedule changes when Dad’s job location moves
Tennessee child custody case summary on changes in custody and child support.
Father’s change of work location necessitated parenting schedule change.
In re Justus P.
The parents in this Benton County, Tennessee, Juvenile Court case were the parents of a child born in 2013. After a breakup in 2017, they had a relationship that was on and off. The father then filed a petition for a permanent parenting plan. The mother was given 255 days as the primary residential parent. It was agreed that the mother would have to move closer to Benton County in order for the child to attend school there. They separated again in 2020. During COVID, the mother homeschooled her child, despite the objections of the father. She refused to enroll him at Benton County in the 2021-22 school years. The trial court refused to hold the mother in contempt. The trial court agreed with his claim that the new job location made the parenting plan unworkable. The Tennessee Court of Appeals set the father’s child maintenance at $653. The mother appealed. The lower court agreed that a change in schedule was in the child’s best interest. It went on to agree with the lower court that a change in schedule was in the child’s best interest.
It noted that the child had a good relationship with both parents, and it was in the child’s best interest to have a schedule maximizing time with both.
The appeals court also affirmed a lower court ruling ordering the mother to communicate proactively with regard to matters such as extracurricular activities.
The appeals court also reversed the lower court’s calculation of child support. The mother had failed to object so some of the evidence introduced, and it held that she could not raise these objections on appeal. It did find, however, that the lower court had computed income incorrectly and remanded it for correction. It also remanded it for a reconsideration of awarding the tax exemption to the father for the child.
