Family Law

When mom fails to provide medical information, dad wins custody

Tennessee child custody case summary on custody modification in family law.

Dad wins custody when mom fails to provide medical information.

Delvon Paden v. Kyrstyen Davison

The mother and father in this Montgomery County, Tennessee, case were never married, but were the parents of a child born in 2014. The Juvenile Court designated the mother as the primary residential parent under the permanent parenting plan. The father was granted one weekend per month of parenting time, to be exercised in Tennessee, with alternating parenting time during school vacations.

The father came back to court in 2022 asking for a modification. He also asked for contempt because the mother refused to allow him visitation during school holidays. He also alleged that the mother failed to inform him of the child’s autism diagnosis, and failed to list him as the father in school and medical records.

After a hearing, the trial court made its final order. The court ruled that the mother’s testimonies were not credible and that the child was left alone to take care of her younger sister. The court agreed with the father, stating that the mother failed to inform him about the child’s medical condition and that she had refused to acknowledge the father as the child’s parent. The father also received significantly more parenting time. The mother was not happy with the outcome and appealed the case to the Tennessee Court of Appeals. The court then considered the validity of the restraining orders issued by the lower courts. It then turned to the heart of the case, the modification of custody. The appeals court agreed with the lower court that there had been a material change in circumstances because the mother failed to provide clear and convincing evidence to refute this finding.

Since the mother failed to present clear and convincing evidence to refute this finding, the appeals court agreed with the lower court that there had been a material change of circumstances.

The next issue in a custody case is the best interests of the child, and the appeals court turned to this issue.

The appeals court agreed with the mother that the lower court should have made specific factual findings on each issue, but did review the evidence in light of the statutory factors.

In this case, the appeals court noted that the mother failed to adequately inform the father of the child’s medical condition, despite requests. He was also denied information about insurance and about the child’s education. The text messages revealed that the child would often be left to take care of a younger brother or sister. The Court of Appeals, after reviewing all the factors, agreed with the lower courts. The Court of Appeals agreed with the lower court after reviewing all the factors.

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