Williams v. Williams ( 1997 )

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE FILED CONNIE A. WILLIAMS, ) (Now Montgomery) ) May 23, 1997 ) Respondent/Counter-Petitioner/ ) Cecil W. Crowson Appellant, ) Appellate Court Clerk ) Appeal No. ) 01-A-01-9610-CV-00468 VS. ) ) Putnam Circuit ) No. NJ-3698 MICHAEL C. WILLIAMS, ) ) Petitioner/Counter-Respondent/ ) Appellee. ) OPINION DISSENTING IN PART AND CONCURRING IN THE RESULT I respectfully dissent from the majority’s conclusion that a substantial change of circumstances has not occurred since the lower court’s prior custody order. Perhaps I am being overly technical, because the majority does qualify its conclusion by adding, “sufficiently compelling to warrant changing custody.” I agree that the evidence preponderates against the trial judge’s finding that the best interests of the children would be served by placing them in the father’s primary custody, but I believe the parents’ new relationships, and the impact they have on the children is a sufficient change to warrant a fresh look by the court. Especially in this case, where the children themselves have put out such contradictory signals about the changes in their lives. I would reverse the custody award based solely on the preponderance of the evidence. _________________________________ BEN H. CANTRELL, JUDGE