Arthur Blair v. Marilyn Badenhope

Summary

The Tennessee Supreme Court held that a natural parent cannot generally invoke the doctrine of superior parental rights to modify a valid custody order awarding custody to a non-parent, even when that order resulted from the parent's voluntary consent; absent extraordinary circumstances, the parent must instead show a material change in circumstances that makes a change in custody in the child's best interests. Applying that standard, the Court affirmed the denial of Arthur Blair's second modification petition, concluding that his strengthened bond with his daughter and his purchase of a new home were not material changes and that the evidence did not preponderate against the trial court's findings. Chief Justice Drowota concurred in the new legal standard but dissented from its application, arguing a material change existed and urging remand for a best-interests determination; Justice Birch dissented, contending that voluntary surrender of custody does not strip a fit parent of superior rights and that custody should transfer absent a genuine danger of substantial harm.