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Wilson v. Wilson6/20/2000
to drop Justin off at school more than half an hour before the bell rings (there is a program at the school for children who arrive early). The maternal grandmother will have to pick Justin up at school when it lets out at 2:30, and keep him in her home until Mr. Wilson gets home from work.
The appellant states that Mr. Ladd earns a sufficient income to enable her to stay home and take care of Justin full-time, and also that he is capable and willing to assist her in raising Justin. She thus argues that she can be a full-time parent to Justin, while Mr. Wilson cannot. She also claims that Justin has become very attached to his stepbrother and stepsister.
The record does not contradict the appellant's assertions, but it includes facts that add an element of uncertainty to her situation. She and Mr. Ladd had both previously worked at the Bridgestone plant near McMinnville. They had both suffered injuries on the job , and are currently involved in workers compensation lawsuits. The appellant has had to undergo carpal tunnel surgery on both hands as well as shoulder surgery.
Mr. Ladd suffered a back injury , and his doctors placed lifting restrictions on him that made it impossible for him to resume work at Bridgestone. He subsequently began an asphalt sealing business, with all labor being done by himself and two employees. As we indicated above, the business has been successful enough to enable the appellant to stay home and raise the children. But Mr. Ladd had only been in business for a short time when the hearing was conducted, and the long-term prospects of the business, and thus of the appellant's plan to be a stay-at-home mom, remain uncertain.
Further, while we have no reason to doubt the strength of their bond, we note that appellant had been married to Mr. Ladd for less than a year at the time of the custody hearing, and that Mr. Ladd has been married three times previously. It is significant that no family members of Mr. or Mrs. Ladd appear to reside in Tullahoma, so if problems develop for either of them, assistance might be hard to find.
Of course, every situation carries with it some degree of risk. For example, Mr. Wilson's mother is diabetic, so his reliance upon her for Justin's after-school care might be affected by a worsening of her condition. On balance, however, we cannot say that the evidence preponderates against the trial court's finding that Mr. Wilson can offer more continuity and stability to his son than can Mrs. Ladd, and therefore that it is in Justin's best interest that custody be placed in his father.
III.
The judgment of the trial court is affirmed. Remand this cause to the General Sessions Court of Warren County for further proceedings consistent with this opinion. Tax the costs on appeal to the appellant, Jennifer Elaine Wilson (Ladd).
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