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Jul 3, 2010
JACKSON, Tenn. (AP) — Tennessee’s Court of Appeals has for a second time struck down a judge’s ruling in a child custody agreement that prevents a lesbian mother and her partner of more than 10 years from living together.
The so-called paramour clause was first imposed in May 2008 by Gibson County Chancellor George Ellis, prohibiting overnight stays by Angel Chandler’s partner. The restriction was not requested by Chandler’s ex-husband and came despite an evaluation finding no harm to their children.
According to court records, Chandler and her partner have moved to near Asheville, N.C., where they were maintaining separate residences in order to comply with the custody agreement. But that became a financial burden and the two started living together again, effectively preventing the children from being able to visit.
The appeals court in Jackson struck down Ellis’ ruling last year, writing that state law requires the primary consideration for custody arrangements be what’s in the best interest of the children.
Ellis issued a new ruling in March, but imposed the paramour clause again, stating, “A paramour overnight, abuse of alcohol and abuse of drugs are clearly common sense understanding that children can be adversely affected by such exposure....”
Chandler’s ex-husband remarried, but as lesbians, Chandler and her partner cannot legally marry in Tennessee, meaning her partner continues to be considered a paramour despite the longevity of their relationship.
In its Tuesday ruling, the appeals court said Ellis abused his discretion.
“The record is devoid of any evidence whatsoever to support the finding that a paramour provision is in the best interests of the children. In fact, the record contains evidence demonstrating that a paramour provision is contrary to the best interests of the children,” the court wrote.
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