09/05/2026
MAJOR TENNESSEE APPEAL: RES JUDICATA CANNOT SILENCE RELEVANT ABUSE EVIDENCE
Finally, an appellate case addressing res judicata in this context. First, appeals case of Abrial's Law.
TSPO has been raising this issue for years, and now we have a Tennessee Court of Appeals decision directly addressing it.
At trial, a pro se mother attempted to present evidence concerning Father's alleged sexual abuse of her daughter from a previous marriage. The trial court excluded the evidence, characterizing it as “moot and res judicata.” Then what happened next is what we see all the time: The trial court then changed custody, named Father the primary residential parent, and sharply reduced Mother's parenting time.
THE TENNESSEE COURT OF APPEALS REVERSED.
The appellate court held that excluding the evidence was an abuse of discretion. Specifically: “[T]he evidence Mother sought to introduce was not barred by the doctrine of res judicata.”
And the court explained why this matters. Whether a parent has abused another child can be “significant and relevant” when determining the best interests of the child whose custody is currently before the court. The appellate court found that excluding the evidence: “substantially impaired the trial court's ability to make an informed custody decision based on the best interest of th[is] [C]hild.”
The evidence was particularly relevant to statutory best-interest considerations involving:
1. Each parent's moral, physical, mental, and emotional fitness
2. Evidence of abuse involving the child, a parent, a sibling, or any other person (Added with Abrial's Law)
3. Whether a parent's custody or parenting time had previously been restricted and why (added with Abrial's Law)
And the court didn't leave the trial court guessing about what happens next.
“[O]n remand, the trial court must allow Mother to develop the record and to present evidence” concerning Father's alleged abuse.
A prior custody order cannot simply be transformed into a procedural shield that prevents a court from considering evidence that is directly relevant to a child's present safety and best interests.
For every parent who has been told, “That's already been decided.”
For every parent who has been told, “You can't bring that up.”
For every parent who has been told that a prior order or mediation means evidence concerning abuse is automatically off the table
For every parent who has been told previous family doesn't count
Know the law and this case
Because sometimes the answer from the appellate court is:
NO. THE LAW DOES NOT SAY THAT.
📚 Kenneth Lucas v. Heather Fifield, No. E2025-01429-COA-R3-JV (Tenn. Ct. App. Aug. 20, 2026). https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=149846
Tennessee Bar Association State Representative Rebecca Alexander Senator Tom Hatcher District 2 Tennessee Senator Becky Massey