ELDRIDGE V. ELDRIDGE 42 S.W.3d 82 (2001) CASE BRIEF

ELDRIDGE V. ELDRIDGE

42 S.W.3d 82 (2001)

NATURE OF THE CASE: Subsequent to the parties' divorce, custody of their children was awarded to H. W then moved the trial court to expand her visitation. The trial court allowed W unrestricted overnight visitation with the parties' older child. On review, the Tennessee court of appeals reversed, finding an abuse of discretion by the trial court. The supreme court granted review.

FACTS: H and W were divorced in 1992. The couple agreed to joint custody of their minor daughters, Andrea and Taylor, who were ages eight and nine respectively. Two years later, a dispute arose regarding W's visitation rights. W, who is engaged in a live-in homosexual relationship with Lisa Franklin, moved the court to establish a visitation schedule. In response, H moved for sole custody of the children. The Court awarded sole custody of the children to H. The trial court appointed a guardian ad litem ('GAL') for both children. The GAL concluded that regular visitation with W was essential and recommended regular visitation with standard visitation every other weekend. The first few weekend visitations were recommended to be limited to Saturday morning through Sunday evening and eventually to be extended to Friday through Sunday. The trial court eventually ordered overnight visitation with Taylor every other Saturday night through Sunday. Eight months later, W moved the court to extend Taylor's overnight visitation to include Friday nights, holidays and summer vacation. W also moved that another Special Master be appointed. H opposed expanding W's visitation rights. In September 1997, the trial court approved an agreement reached by the parties. The agreement provided for a visitation schedule and appointment of Dr. Judy Millington, a counselor at Church Circle Counseling Center, as Special Master. The court's order provided that Dr. Millington's written recommendations were to take effect immediately without further order of the court. Dr. Millington recommended to the court that W's overnight visitation be expanded. A hearing was held in October 1998 to resolve the visitation issue. In November 1998, the trial court entered an order adopting Dr. Millington's recommendations and permitting W unrestricted overnight visitation with Taylor. The Court of Appeals reversed, finding that the trial court abused its discretion in failing to prohibit Taylor's overnight visitation with W while Ms. Franklin was present in the home.

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