Harrington v. Harrington

After Mark and Donnett Harrington divorced, Donnett (plaintiff) got custody of their two daughters and Mark (defendant) received overnight visitation twice monthly. A year later, Donnett moved to modify the judgment, alleging Mark's cohabitation with his girlfriend, Stephanie, outside marriage was a material change harming the children; the only supporting evidence was testimony that one daughter came home upset after Stephanie allegedly yelled and cursed at the girls, though Mark disputed this and testified the girls had merely asked when he would marry Stephanie. The trial court, troubled that Mark claimed to teach the children Christian values while living with Stephanie unmarried, eliminated Mark's overnight visitation entirely and barred any presence of, or discussion about, Stephanie around the children; Mark appealed.