Eldridge v. Eldridge
Supreme Court of Tennessee
42 S.W.3d 82 (Tenn. 2001)
After Anthony (defendant) won sole custody of the couple's children in a joint-custody modification, Julia (plaintiff), who lived with her female partner Lisa, was granted unrestricted overnight visitation, which she later sought to expand; a court-appointed counselor found the children wanted to please both parents and that overnight visits with Lisa present caused no harmful effect, though the counselor thought (impractically) that visits without Lisa present would be ideal. The trial court granted Julia's expanded unrestricted visitation; Anthony appealed arguing Lisa should be barred from overnight visits, and the court of appeals agreed and reversed, prohibiting Lisa's presence during overnights. Julia appealed.
Whether a noncustodial parent's visitation rights will be restricted absent definite evidence that permitting the unrestricted right would harm the child physically or morally.