Shanira Lee Tankard v. Benjamin Lee Tankard, II, M2022-00498-COA-R3-CV

Shanira Tankard (Mother) and Benjamin Tankard, II (Father) divorced in 2019, with Mother named primary residential parent under an agreed parenting plan.
In August 2020, Mother moved with the children from Tennessee to Connecticut without prior notice to Father, later alleging safety concerns due to Father's conduct.
Mother petitioned to modify the parenting plan to reflect her new residence and reduce Father’s parenting time; Father counter-petitioned to modify the plan, seeking primary custody if Mother remained in Connecticut.
The trial court found a material change in circumstances, primarily due to noncompliance with the existing plan and Father's loss of parenting time.
The court created two modified plans: one if Mother stayed out of state, another if she returned to Tennessee (she did return), granting equal parenting time but designating Father as primary parent.
On appeal, Mother argued modification was improper after her return to Tennessee and challenged the court’s factual findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by using the modification statute instead of the relocation statute	Modification was treated as relocation, which should only apply if she remained out of state	The court rightly applied modification standards, not relocation	No error by applying modification statute
Existence of a material change in circumstances warranting modification	No material change after her return to Tennessee	There was a material change due to noncompliance and distance	Material change supported by evidence
Whether the modification served the children's best interests	Modifying the plan was not grounded in best interests	Modification necessary due to Father’s loss of parenting time; children need both parents	Modification was in children's best interests
Consideration of parental conduct in best interests	Mother's position as primary caregiver should have prevailed	Mother's refusal to facilitate Father-child relationship justified modification	Court's weighing of parental conduct affirmed

Armbrister v. Armbrister, 414 S.W.3d 685 (Tenn. 2013) (articulated standard of review and requirements for parenting plan modification)
Brundage v. Cumberland Cnty., 357 S.W.3d 361 (Tenn. 2011) (substance of pleadings governs over form in family law cases)
Stricklin v. Stricklin, 490 S.W.3d 8 (Tenn. Ct. App. 2015) (trial court must determine best interest absent party agreement)
Gaskill v. Gaskill, 936 S.W.2d 626 (Tenn. Ct. App. 1996) (fact-intensive nature of best interest determinations)