In order to modify a permanent parenting plan and change the primary residential parent, Tennessee courts must first determine that a material change of circumstances has occurred. If the court indeed finds such a change then it applies a best interest of the child analysis as laid out in Tennessee Code Annotated 36-6-101.

Charles W. Hendricks v. Lori A. Smith is a case ruled upon by the Tennessee Court of Appeals at Knoxville where a best interest of the child analysis was at issue. The facts of the case are as follows. Charles W. Hendricks (Father) and Lori A. Smith (Mother) entered into an agreed permanent parenting plan concerning their two minor children (the Children). Less than two weeks after entry of the plan, the Father filed a motion for custody of the Children in the Juvenile Court for Hamilton County alleging that the parenting plan was fraudulent because the Mother had not disclosed that she worked as a licensed prostitute in Nevada. The Magistrate found a material change in circumstances and that it was in the best interest of the Children for the Father to have custody. The Mother appealed to the Juvenile Court Judge. After a trial, the Juvenile Court Judge found a material change in circumstances based on the Mother’s having worked as a prostitute and her having concealed that fact, as well as Mother’s hostility to Father and the Children’s stepmother. The Juvenile Court  Judge entered a permanent parenting plan designating the Father as primary residential parent of the Children. The Mother appealed to the Court of Appeals at Knoxville arguing that the Juvenile Court Judge erred in awarding custody of the Children to the Father.

The Appellate Court did find that there was a material change in the circumstances of the children because of the Mother’s deception, her occupation as a prostitute, and her hostility toward Father and his wife. However, the Court found no best interest analysis findings by the Juvenile Court. The Court went on to state the following:

 “Without such best interest findings and conclusions, this court is left to wonder on what basis the court reached its ultimate decision. In this case, the trial court failed to make any findings regarding the best interest of the child. Best interests, however, is the paramount consideration, the pole star, the alpha and omega, of any child custody determination. Without findings indicating that the trial court made a best interest analysis in refusing to allow the child to relocate with Father and subsequently awarding custody, and the majority of parenting time to Mother, the trial court did not apply the correct legal standards to the evidence found in the record.”

As such, the Appellate Court vacated the Juvenile Court’s judgment and remanded this case for the Juvenile Court to enter a permanent parenting plan after considering all relevant factors, including making a best interest analysis of the children.

If you believe that your children have experienced a material change of circumstances that has impacted their ‘best interest’ you should have the confidence of knowing you have an experienced family law attorney on your side. Contact Donna Wagner to schedule a consultation.

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“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.

From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.

Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.

Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.

This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.

Kate Wade

Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!

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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.

Diana M.
Mt Juliet Law Firm
Mt. Juliet Attorney

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