Parental Alienation and Persistent Claims of Sexual Abuse Leads to Change of Custody in Tennessee: In re Jonathan S. C-B

Parental Alienation and Persistent Claims of Sexual Abuse Leads to Change of Custody in Tennessee: In re Jonathan S. C-B


Facts: Mother and Father were never married. They lived together, had a child, and separated when Child was 3.5 years old. After what the Court described as a “highly contentious” trial lasting seven days, Mother was named the primary residential parent. Because of a history of substance abuse, Father’s parenting time was to be supervised until Father demonstrated two years of sobriety. Shortly thereafter, Mother filed a motion to suspend Father’s visitation because Child claimed Father had sexually abused him. A lengthy investigation ensued in which the trial court appointed a guardian ad litem and Child was examined by numerous professionals, including a court-appointed expert. After hearing much proof, much of which is painstakingly detailed in the Court’s lengthy opinion, the trial court found by clear and convincing evidence that Father had not sexually abused Child. The trial court’s expert observed that while Father tried to encourage Child to have a positive relationship with Mother, Mother’s goal appeared to be to end Child’s relationship with Father. The trial court found Father and his witnesses to be credible while Mother and her witnesses were not. The trial court named Father as Child’s primary residential parent, gave him sole decision-making authority, and established Mother’s visitation. Mother appealed.