Steven Kyle Leath v. Angelea Nicole Flowers
W2024-00047-COA-R3-JV
Tenn. Ct. App.Apr 22, 2025Background
- Father (Leath) and Mother (Flowers) entered into an agreed parenting plan, splitting parenting time roughly equally after separation.
- Father later discovered significant new information about Mother’s new husband (Mr. Bryan), including a history of physical abuse, ongoing drug use, and extensive criminal record, as well as new incidents of violence.
- Mother’s new husband committed multiple acts of domestic violence against her and his own daughter, and both law enforcement intervention and no-contact orders followed.
- Despite Mr. Bryan’s conduct and criminal history, Mother remained in a relationship with and financially dependent upon him; evidence indicated she was not truthful about some circumstances.
- Father withheld the child due to safety concerns, prompting litigation: Mother filed for contempt, Father sought emergency custody and later to modify the parenting plan.
- Trial court found a material change in circumstances and an unsafe environment for the child, reducing Mother’s time and ordering only supervised visitation; Mother appealed.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Material change in circumstances | Flowers argued no material change occurred, since K.L. was never abused, and Father knew about Mr. Bryan before. | Leath claimed post-agreement events (criminal conduct, violence, drug use) created significantly changed circumstances and an unsafe environment. | Material change in circumstances found; events after the plan and new facts about Mr. Bryan justified modification. |
| Best interest of the child | Flowers argued there was no evidence child was harmed, so no modification needed. | Leath argued best interests required modification due to ongoing risk and Mother’s inability to ensure safety. | Modification was in child’s best interest given unsafe environment and Mother’s response to risk. |
| Credibility of Mother | Flowers claimed her testimony established safety for K.L. and responsible parenting. | Leath and other witnesses asserted Mother’s lack of credibility, marrying Mr. Bryan and returning to unsafe situation. | Court found Mother not credible, based on perjury regarding marriage and living situation. |
| Appropriateness of visitation limit | Flowers argued supervised visitation was unnecessary. | Leath argued unrestricted visitation unsafe for child. | Supervised visitation upheld as reasonable under the circumstances. |
Key Cases Cited
- Armbrister v. Armbrister, 414 S.W.3d 685 (Tenn. 2013) (clarifies standard and threshold for modification of parenting plans: low threshold for material change)
- In re T.C.D., 261 S.W.3d 734 (Tenn. Ct. App. 2007) (change in home environment and significant other's conduct can constitute material change; harm to child not required)
- Boyer v. Heimermann, 238 S.W.3d 249 (Tenn. Ct. App. 2007) (reiterates low threshold for finding material change in circumstances on residential schedule modifications)
- Massey-Holt v. Holt, 255 S.W.3d 603 (Tenn. Ct. App. 2007) (distinguishes standards and burdens for custody versus residential parenting schedule modifications)
- Burden v. Burden, 250 S.W.3d 899 (Tenn. Ct. App. 2007) (the best interest analysis for child custody modifications should consider all relevant statutory factors)