Courtney Wells Cannon v. Ashley Matte Cannon

11/10/2026 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 5, 2026 Session COURTNEY WELLS CANNON v. ASHLEY MATTE CANNON Appeal from the Circuit Court for Davidson County No. 22D-871 Phillip R. Robinson, Judge ___________________________________ No. M2025-00101-COA-R3-CV ___________________________________ This appeal arises from a divorce after a short same-sex marriage. One spouse was the breadwinner for the family, while the other spouse gave birth to triplets during the marriage and became a stay-at-home mother. After a six-day trial, the trial court named the breadwinner spouse primary residential parent and the stay-at-home mother the alternate residential parent. Although the stay-at-home mother had recently resumed employment, for purposes of calculating child support, the trial court deemed the stay-at-home mother underemployed and imputed income to her. The stay-at-home mother appeals. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed CARMA DENNIS MCGEE, J., delivered the opinion of the court, in which FRANK G. CLEMENT, JR., C.J., and W. NEAL MCBRAYER, J., joined. Karla C. Miller, Nashville, Tennessee, for the appellant, Ashley Matte Cannon. Rachel M. Thomas and Melissa B. Bergmann, Nashville, Tennessee, for the appellee, Courtney Wells Cannon. OPINION I. FACTS & PROCEDURAL HISTORY Appellant Ashley Cannon is originally from Louisiana. She attended college at the University of Louisiana at Lafayette for two years and majored in music and fine arts but did not complete her degree. Ashley had been a touring musician and “gig player” since age fifteen. After leaving college, she moved to California and took a job in Los Angeles at a company called Star Education. Ashley worked as a director and instructor for an after-school music and culinary program, teaching children how to play instruments and cook. At around age 29, Ashley decided to move to Nashville to pursue a career in music. Star Education agreed to start a Nashville program, so Ashley was able to maintain her employment. She hired teachers and implemented the after-school program in several Nashville schools, ultimately overseeing about 90 bands for kids along with cooking classes. Ashley was also a resident performer at a hotel, where she sang one night per week. Appellee Courtney Cannon grew up in Pennsylvania. She moved to Atlanta for college and obtained a bachelor’s degree in mechanical engineering, and she later earned a master’s degree in business administration. After college, Courtney moved to Bowling Green, Kentucky, and worked as an engineer at an aluminum mill just north of Nashville. Ashley and Courtney met in 2012 and began dating. Later that year, Ashley moved in with Courtney in Bowling Green, but she commuted to her job in Nashville. In 2013, the parties moved to Nashville together, and Courtney bought a home there. She began working as an energy manager at Bridgestone. The parties married in March 2016. At that time, Ashley was 33 years old, and Courtney was 30. Courtney was earning $130,000 per year, while Ashley earned around $40,000 to $45,000 from her two jobs combined. At some point, Ashley’s California employer decided to no longer have satellite campuses, so Ashley started a company called Kids Can LLC and maintained the same employees and after-school programs through her own company. A large part of the reason the parties married was because both wanted to start a family. Both spouses wanted to carry a child, but they agreed that Ashley would attempt to carry a child first because she was older. With the assistance of a reproductive endocrinologist and sperm from Courtney’s cousin, Ashley became pregnant with triplets. They learned of the pregnancy around August 2017, just one year into the marriage. The pregnancy went fairly smoothly. Ashley continued working both jobs until January 2018. She gave birth to two daughters and one son – Stella, Lia, and Wells – in March 2018. The triplets were born seven weeks early, and each weighed only two or three pounds. They stayed in the neonatal intensive care unit for periods of 20 days, 22 days, and 35 days, as they had to reach four pounds before they could leave the hospital. Aside from their low birth weights, however, the children were generally healthy. Ashley remained home with the children and breastfed all three for about six months. Courtney did not have a designated period of leave from work but “jumped right in” to help whenever she was at home. Unfortunately, the parties’ marital struggles began almost immediately. For example, one evening in May 2018, when the triplets were almost two months old, Courtney went with friends to a work-related event and came home late with her friends. Courtney had been drinking, and Ashley had sent Courtney text messages asking her to “make [it] known” to her friends that she and her sister-in-law had just put the three babies to bed. According to Ashley, Courtney came in “like a bull in a china shop” in a drunken state and grabbed one of the babies from a swing and started yelling -2- and cursing at her. The situation “got very heated,” as Courtney accused Ashley of not being happy for her to go out with friends, and in text messages, called her a “reclusive wife who cannot see past herself” and “[did] not know how to delight in someone else’s joy.” The parties also had fights about out-of-town family members coming to visit. When the triplets were five months old, the parties purchased a larger home because their previous one was too small for the family. According to Courtney, Ashley had previously agreed that they could move to Pennsylvania to be closer to Courtney’s family before the triplets’ first birthday, but Ashley refused to move when the time came, so the parties purchased another home in Nashville. They rented their smaller home through a property management company for additional income. By all accounts, caring for the three children was extremely difficult given that the parties had no family support in Tennessee. Ashley also experienced some postpartum health issues and health anxiety regarding the children and herself. She remained at home with the children but began playing a few gigs at night in September 2019, when the children were eighteen months old. Around this time, at the children’s well-child examinations, their developmental milestone exams showed indicators of developmental delays and/or autism, so they qualified for Tennessee Early Intervention Services. After additional testing, all three qualified for behavioral and occupational therapy, and two qualified for speech therapy. They received in-home therapy multiple days per week. In 2020, the Covid-19 pandemic ended Ashley’s opportunity to play gigs because public performances ceased. Courtney began working at home and was available to help with the children more during the day. Finding childcare for triplets was difficult, and the children were on waitlists for months. The parties agreed that Ashley would not return to work until the children were in full-time daycare. In August 2020, at age two, the children began attending a Parent’s Day Out program at a church two days per week. Around their third birthday, in March 2021, the parties found an in-home childcare option for the children on Fridays. In May 2021, they secured spots in a second Parent’s Day Out program on the remaining two weekdays. With the combination of these providers, the children were finally enrolled in childcare five days per week, at age three. However, the church programs were only for limited hours – beginning at 9:00 a.m. and ending between 1:00 and 3:00 p.m. Ashley drove the children to and from the programs and used that time to run errands, buy groceries, and clean the house. The children tested out of their early intervention therapies around this time. Courtney and Ashley began marriage counseling. During the summer of 2021, Courtney told Ashley that she wanted to investigate the possibility of freezing her eggs for the possibility of having additional children, but Ashley stated that she did not want to have any more children. In November 2021, while on a trip to visit family in Pennsylvania for Thanksgiving, Ashley saw messages on Courtney’s watch that led her to believe Courtney was having an affair with the parties’ realtor and property manager. According to Courtney, Ashley came downstairs, where the children and the grandparents were present, and started screaming that Courtney was -3- having an affair. Courtney admitted that she had kissed the parties’ realtor and had feelings for her. According to Courtney, Ashley “went absolutely ballistic” and grabbed the children in a huddle, saying, “Look at her. She ruined your life. You’ll never see her again.” The parties attended therapy, and Ashley decided that she wanted to reconcile. However, Courtney filed for divorce in June 2022. By that time, the parties had been married for six years, and the triplets were four years old. Courtney resumed her relationship with the parties’ realtor after she filed for divorce. The children began attending pre-K full-time at a public school in August 2022, and Courtney unilaterally signed them up for the school’s after-care program as well. In February 2023, an agreed order was entered acknowledging that the divorce action had “caused a contentious living environment” for the parties and children. The order states that the parties had reached a temporary agreement “to create a transition period,” for the children to get used to a parenting time schedule and for Ashley to obtain full-time employment. The order provided that the children would continue to reside at the marital residence, and each parent would “come and go during their respective parenting time.” They agreed to a “50/50” schedule. The order stated that the parenting time exchanges would occur through school dropoffs and pickups “so that the parties will not have to interact with one another,” but if they were around one another, there was to be no discussion unrelated to the children. Each parent had designated living quarters within the marital home and was enjoined from entering the other’s area or entering the home at all when it was not her parenting time, as each was required to reside elsewhere. The order stated that no paramours were allowed around the children. Another agreed order specified a “2-2-3” equal parenting time schedule. The children turned five in March and began kindergarten at a local elementary school in August. In September 2023, the trial court entered an order addressing temporary support. The order states that, during the hearing, “[t]he Court cautioned [Ashley] that she must get a job as soon as she reasonably can and that working in daycares generally does not provide enough income to live off of.” The order stated that Ashley “has had reasonable time to adjust and transition into fulltime employment over the past several months.” The order noted the possibility that Ashley might ultimately be awarded some type of short-term transitional alimony but stated that she had a financial obligation to the children and needed to concentrate on generating income. In closing, the court stated that if Ashley believed coming to the divorce trial without a job was going to help her obtain a support award, “it is not,” as it would indicate to the court that she had not been trying to get a job. Ashley was ordered to notify the court when she had obtained employment. In October 2023, Ashley filed a notice with the court stating that she had accepted employment with the Metro Nashville Public School System, at a starting wage of $21.15 per hour, working as a “paraprofessional.” The divorce trial was held over the course of six days between February and June 2024. The primary issue was which parent should be designated primary residential parent -4- of the triplets. Neither party suggested an equal parenting schedule. Both submitted proposed parenting plan schedules assigning 230 and 135 days. Under both plans, the alternate residential parent would have parenting time every other Thursday through the weekend, and one overnight visit during the “off” week. The triplets turned six during trial. The trial court primarily heard testimony from Courtney and Ashley, as the only other two witnesses were a neighbor and a friend who both testified very briefly. Courtney was 37 years old and in good health. She testified that she had always been very involved with the children despite working full-time. She had started working for Firestone just before the divorce was filed, and she earned almost $250,000 in 2023. Although she had taken several business trips during the parties’ brief marriage,1 she said her current position required very minimal travel. Courtney testified that her day-to-day schedule offered “tremendous flexibility” with a hybrid work environment so that she controlled her hours and could work from home two to three days per week. She testified that she was able to pick up the children from school and did not need any aftercare program. Courtney was also receiving rental income from the smaller home where the parties had lived, which she had purchased herself before the marriage. Courtney was in a relationship with the parties’ realtor, who had just divorced her spouse as well, and Courtney was staying at her home when she was away from the marital residence. However, she testified that her paramour had not been around the children during the divorce. Courtney claimed that Ashley’s failure to return to work was one of the issues that contributed to the divorce. She testified that it was never her intention for Ashley to remain unemployed long-term after the triplets were born, but she admitted that “child care for the children was absolutely a prerequisite for Ashley going back to work.” Courtney testified that the parties had discussed several options, such as reopening her Kids Can company or obtaining some type of culinary certification or schooling. She also testified that Ashley was very talented as a songwriter and played guitar and piano, and she could work in the evenings. Courtney conceded that Ashley suffered from some health issues post-pregnancy, such as cysts and debilitating back pain. However, she also testified that Ashley suffered from mental health problems such as extreme health anxiety for herself and the children. She explained that Ashley was “obsessed with health ailments” and feared that she was going to die. Courtney testified that she sought help from Ashley’s mother when the triplets were around eighteen months old because she believed Ashley needed help, as she talked about a long list of “bizarre things” like a brain worm. One evening while bathing the children she had called an ambulance because she feared she had a blood clot. On 1 Ashley testified that Courtney went on many trips during the marriage, business and personal, and left her at home with the triplets, beginning in 2018 when they were only three months old. Her records indicated at least ten trips in 2019 alone. -5- another occasion, Courtney said, Ashley had some sort of anxiety or panic attack. She testified that this carried over into Ashley’s care of the children when, for example, she “had their heads scanned” because she was concerned about the shape of their heads. According to Courtney, she and Ashley also developed different parenting styles. She said the most notable differences were their positions on screen time, healthy food, and fostering relationships outside the home. She introduced reports from the children’s tablets purporting to show that they used them for over two hours per day while in Ashley’s care versus twenty minutes per day while with Courtney. Courtney acknowledged her own deposition testimony that she and Ashley had discussed traditional “gender roles in a marriage” many times and that Courtney had made it clear that once they had children she “did not want to be the primary caregiver.” She conceded that she was now asking the trial court to designate her as the primary caregiver. Courtney said she believed that would serve the children’s best interest more than an equal arrangement, as the parties had not been successful at coparenting over the last year. She testified that Ashley continually said negative things about her in front of the children, saying that Courtney had destroyed their lives and that she needed to withdraw from the divorce. She said it was impossible for them “to have any interaction where it didn’t go sideways.” Courtney claimed that Ashley had told her that these were her kids and that she would not coparent. She described several examples of ways that Ashley had allegedly not cooperated with her with respect to the children.2 Courtney also testified regarding a dispute that arose over medical care for Stella, which was reflected in the parties’ emails. Stella needed to have a sleep study performed, and Ashley informed Courtney that she had taken the first available appointment the next day. Courtney responded with a message thanking her and stating that she would pick Stella up from school and meet Ashley there. Ashley then responded and insisted that she was going to pick Stella up from school and take her to the appointment because she was the one who scheduled it. Courtney said the appointment fell during her parenting time, so she would take her. Ashley then cancelled the appointment and rescheduled it for a day when she had parenting time. Courtney testified that this delayed Stella’s medical care and that this type of conflict was typical of what it was like for the parties to try to coparent. She also testified that the parties had jointly used an email address that included the words 2 For instance, while the children were in pre-K, the school wanted to have Stella tested for potentially being on the autism spectrum. According to Courtney, Ashley told her that the school wanted to have a support team meeting and evaluation and suggested that, if Stella had autism and Courtney proceeded with the divorce, it would ruin the child’s chances of thriving and destroy her life. Courtney testified that she told Ashley to let her know when the meeting was scheduled, and Ashley assured her that she would. The following week, however, when the parties went to drop off the triplets at school one morning, she learned that the meeting was scheduled for 9:30 that morning, and Ashley had not informed her about it. She said she scrambled to find someone to cover a work meeting for her so that she could attend. Courtney testified that Ashley insinuated that the school had scheduled it and that it was “not her fault that the school didn’t inform [Courtney] too.” -6- “cannontriplets” for many things related to the children such as medical providers and schools since 2020. Courtney testified that both parents had equal access to the account and knew the password until Ashley recently changed it and refused to provide it to her. She described another incident in which both parents went to a birthday party with the children and their son broke out in hives, and they had a dispute over whether he should be treated with Benadryl or taken to the emergency room. Courtney testified that the job Ashley had started was at the children’s elementary school, and she believed that this was causing problems, as Ashley came to her car as she went through the carpool line, and teachers were not communicating with her as often since Ashley worked at the school. Courtney admitted that the children had been “kicked out” of their school’s aftercare program due to their behavior. She testified that Stella had attempted to run away twice and had an individualized education plan. The trial judge then asked Courtney about how the parties had explained the divorce to the children and whether it was a joint conversation. Courtney said the children “do not know the word ‘divorce.’” She testified that based on counseling the children had attended, the children had simply been told that they would have “special time with Mommy and special time with Mama” in an effort to explain the parenting schedule. The trial judge expressed disbelief at the fact that the parties were in the midst of the divorce trial and that no one had explained to the children that their parents were no longer going to be married and that they would be somehow shared between the two of them. The judge suggested that it was “a big mistake for your kids not to understand what’s going on.” Courtney went on to testify that Stella’s behavior had improved since the IEP was developed. Courtney presented the testimony of one witness – a former neighbor who testified remotely from Florida. He lived next door to the Cannon family for about three years and developed a very close relationship with the triplets. The neighbor testified that he would generally see the children on weekends when Courtney was outside doing activities with them or when he came to the house for visits. The neighbor described the difference in the two parents’ parenting styles as “night and day.” He testified that Courtney was “always involved in activities with them” while Ashley “was not ever really there.” The neighbor explained that Courtney was the one who took interest “from a development perspective,” ensuring the children were being creative and playing games, and he “never really saw Ashley in that mode.” The neighbor described Ashley as stern and Courtney as “more hands-on” in her parenting. On cross-examination, however, the neighbor acknowledged that Ashley was serving as “the main caregiver” for the children during the day while Courtney worked, so he mainly observed her on the weekends. Ashley was the next witness to testify, and her testimony began on day three of trial. She was 41 years old and in good health. She testified that, after the triplets were born, she had experienced ovarian cysts, bladder issues, a cyst on her kidney, anemia, and calcium depletion causing issues with her gums, teeth, and bone loss. She testified that she had been also diagnosed with ADHD and suffered from general anxiety. Ashley testified that -7- she had been on anxiety medication since she discovered her wife’s affair, and it had resolved her health anxiety. She believed that many of her issues had been postpartum- related because she feared that something would happen to the babies or to her and that she would not be there to care for them. Ashley testified that she had always earned around $30,000 annually from her work at the after-school program, whether in California or Nashville. In her role as a director, she did administrative work, hired teachers, handled payroll, and bought and delivered groceries for the culinary classes. Ashley testified that this employment allowed her to work on her music career as well. She testified that she was currently working at the school as a “special education paraprofessional ancillary,” which meant that she was assigned “one-on-one” to shadow a student with special needs. She had accepted the job in October 2023 and started work on November 6, three months before trial. Ashley was earning $21.50 an hour for an annual salary of $31,883.63. She explained that she had only been hired as “a 10-month employee” and would not be paid for the summer months but hoped to be chosen for a summer position as well. Ashley testified that she did not recall discussions about Courtney wanting her to get a full-time job, but she said Courtney did encourage her to play music to get out of the house and do something she enjoyed. She testified that she started playing gigs again in 2019, but that opportunity ended due to Covid. Ashley testified that she started looking for a job at the end of 2021, near the end of the marriage, as she “was always looking for things [she] could do even from home” so that she could still take care of the triplets and the household. She said that she “ran into a few things that might be promising, good potential with some of these jobs, and a lot of things fell through,” as “we were still within the pandemic.” Ashley testified that in 2022, the year the divorce was filed, she started playing shows again, signed up with job search companies, and got a LinkedIn account. She said the issue she “ran into the most” was that she did not have a degree. Ashley testified that in 2023 she had a handful of interviews, signed up for job searches, and tried to do as many gigs as she could. She said she was earning about $250 for each performance but was never able to get back on a regular schedule with those. Ashley explained that she applied at the school system because she was familiar with it and had some contacts there, having worked in several Metro schools with her after-school programs. She also said that it “just seemed fitting” to get a job there because she would have the same schedule as the children and she had worked with children at her previous job. Ashley testified that in October 2021, shortly before she discovered the affair at Thanksgiving, Courtney had invited their realtor and her wife to have dinner at the parties’ home. Ashley explained that Courtney kept “pressing” her to host them for dinner, stating that they needed “couple friends,” even though Ashley had already developed some suspicions about Courtney and the realtor. Ashley testified that she observed inappropriate behavior by the couple that evening, as “they were smoking [marijuana] a lot and taking gummies.” Ashley said they were “trying to get me and Courtney to take a gummy[.]” -8- She testified that she had “three babies to take care of” but “wanted Courtney to have a good time,” so she took half of one gummy, while Courtney took two gummies. Ashley testified that the parties had “a very, very rough night,” as “Courtney pretty much blacked out, hallucinated.” She testified that the parties sent the guests home because Courtney was “hallucinating from whatever these gummies did.” Ashley explained that the other couple “would do these things regularly.” She also testified that the realtor “left her smoking device . . . marijuana pen with juice in it – I guess the cannabis juice inside of it in our children’s playroom[.]” Ashley testified that she found the pen and had Courtney contact the realtor to come get it. She testified that the realtor and her spouse broke up a week later, and she discovered Courtney’s affair at Thanksgiving. Ashley acknowledged that Courtney had mentioned freezing eggs a couple of months before all of this occurred and that she was not supportive of that decision because the triplets were only three and she was already worried that Courtney might be having an affair. Ashley was also asked about the day that she discovered the affair, when the parties were visiting Courtney’s family in Pennsylvania. She testified that she read messages from the realtor on Courtney’s watch while it was charging, and she was overcome with grief. She recalled walking downstairs and immediately asking Courtney if she was having an affair. Ashley testified that she was “in shock” and “not calm,” as this was a very traumatic experience for her. She said Courtney admitted that she was having the affair. Ashley recalled crying but said she did not believe that she was screaming. She said the children “were around” and that family members grabbed them and took them away to distract them. When asked if she believed she had “lost control over [her] emotions,” Ashley said no. She said she believed she “reacted as any normal person would have who received such information. It was devastating at the time. And I believe that I acted like anyone would.” Ashley testified that the parties’ parenting dynamic did not change much after the divorce was filed, as she still maintained the home and cared for the children most of the time. She said the situation became more divisive because they no longer did things as a family but separately, but this was difficult for the children because they did not understand and the parties still lived together. She testified that Courtney began to work more outside the home but started to be more present in dropping off the children at pre-K and involving herself in things she had not done before. She said Courtney would sometimes follow her to school drop-offs, and each parent would walk different children inside. Ashley was also asked if the parties sat down with the children when the agreed order with the parenting schedule was entered in order to explain what was going on. She said, “No. It was not discussed.” She said there was no communication between her and Courtney about it, and she simply told the children, “Momma will be coming and going. But they don’t have to leave right now. They’ll have their home and their same bed, and . . . when Momma is here, Mommy won’t be here.” Ashley testified that it was Courtney who insisted that the parents have separate designated doors for entering and exiting the home so that they did not pass one another or communicate at all. She testified that she did not agree with that idea and believed it was harmful to the children and made them sad. -9-  Ashley noted that the children had about six sessions of therapy while they were still in pre-K. She said she wanted them to start the counseling because she saw “a downhill spiral” in their behavior. Ashley testified that the children were “showing symptoms that they were negatively impacted by the divorce.”3 She testified that Stella had an IEP put in place after she reached out to the school due to the number of calls and emails she was receiving from the girls’ teachers with concerns. When asked if she discussed these issues with Courtney, she replied, “No. There was no opportunity for that. . . . We were not speaking, really, at the time.” She noted, however, that the parties had since learned to communicate necessary information when the children are exchanged, either through text message or speaking in passing. She said they are able to communicate “[o]n most occasions.”4 Ashley also testified about a recent surgery Stella had for removal of her adenoids and tonsils. She testified that there was “a lot of tension” between her and Courtney and that Courtney wanted to be in charge of everything, rechecking paperwork Ashley had already completed and exhibiting bizarre behavior. Ashley claimed that Courtney raced ahead after surgery to get to Stella first and wrapped her arms around the child “for what felt like an eternity” before Ashley could even speak to or look at her. Ashley testified that she had wanted to be with Stella that evening once she was discharged from surgery and at the parties’ home and even offered to leave before bedtime, but Courtney would not allow it because it was her parenting time. Ashley stayed with her mother in a hotel that evening, and when she arrived for her parenting time the next day, Courtney’s mother exited the home and got into the vehicle of Courtney’s paramour, who was parked in a nearby parking lot. Ashley admitted that she “had some words with Courtney” about this and that it was “a heated moment” where the parties exchanged unpleasant words. Ashley claimed that she was simply upset that her spouse’s “affair partner” was that close to the children and the marital home after Courtney “barely let me see my child the day before.” They had another dispute about Courtney leaving for vacation with Stella before the end of the two weeks her surgeon had suggested for recovery. Ashley testified that the children’s recent start to kindergarten had been rough. She said that Stella’s behavior was not any better and that they went through the IEP process 3 Ashley explained that Lia was having problems at school and saying that her parents were “never coming back” and she had to “get a new family.” She said Lia was “acting out,” not wanting to be at school, crying at every dropoff and about aftercare. She testified that Stella was struggling and acted out a lot, throwing tantrums, yelling, screaming, and having meltdowns in and out of the classroom. She said Wells cried over small things and worried when one parent was not there. 4 The trial judge then stated, “Both of you better have a wake-up call.” He emphasized that the children were only six years old and that the parties would have to deal with each other for the next twelve years. He also observed that “it sounds like neither one of y’all are going to be able to coparent.” The judge advised the parties that all they were doing was hurting the children by being too proud and stubborn to communicate with one another and share information. - 10 - again. She then clarified that it was rough for the girls but that Wells had a great start. Ashley testified that she was called multiple times a week to speak with the girls and calm them down and let them know that she would see them soon.5 The children had been in kindergarten for several months by the time of trial, and Ashley testified that their behavior had improved. Ashley said that she had observed, when in the school hallways, that their tantrums and meltdowns had “gotten ten times better.” She explained that she had been talking with the children about having good days and dropoffs, and she believed that her working at the school had been “unbelievably great” for all three kids, especially Stella. Stella received weekly speech therapy, daily social and emotional therapy, and a one-on- one paraprofessional for certain classes. Ashley expected these services to remain the same for first grade, but she said that everyone was worried about the transition.6 Ashley’s testimony continued when trial resumed for a fifth day in May. She denied using screentime as a babysitter and suggested that the tracking data Courtney used was wrong because it continued to count time even after the children put down their tablets if they did not turn them off. She said she had tested it herself and that the data was completely inaccurate. She testified that she permitted the children to play educational games on their tablets for twenty to thirty minutes once or twice a day. Ashley testified that the children were still very confused and that they often asked if she and Courtney were still married. She denied Courtney’s allegation that she had said she would not coparent and accused Courtney of being the one who was unable to coparent. Ashley believed that it was in the best interest of the children for her to be named primary residential parent in order to provide consistency and stability, especially with school. She testified, however, that the equal schedule had been beneficial in allowing the children to see both parents and that she did not believe they would do well “seeing less of a parent,” as they already struggle and get very emotional after a long weekend without seeing her. She stated that the children had major struggles with transition and that consistency would 5 Ashley explained that Stella was having lots of meltdowns and behavior issues, and several teachers expressed concern because “they all could hear her.” She described tantrums, screaming at teachers and classmates, crying, flailing on the ground, and running out of the room. She clarified that this was when they were asked not to return to the aftercare program. 6 At this point in the proceedings, at the end of the fourth day of trial, the trial judge gave a lengthy caution and instruction to both parents about their behavior. He recognized that Ashley was bitter about Courtney’s paramour and acknowledged that her continuation of the relationship throughout the divorce case was “kind of rubbing the Judge’s nose in your inappropriate behavior.” At the same time, he noted that Courtney did not approve of Ashley working at the school and other matters. He admonished both parents to “get over it.” He emphasized that their daughters were struggling as a result of the divorce, and it was the worst time for them to experience it when starting school. The judge stated that he did not want any more confrontations or harsh words. He warned, “Petty comebacks, and smart-aleck behavior, efforts to bully or intimidate the other parent better not occur. Because I’m going to put the offender in jail.” He said if either parent tried to “take over” or cause problems in IEP meetings or doctor’s offices, he would ban one from attending. He said the parties “owe it to your children” to be courteous and reasonable to one another. - 11 - be the key when it came time for them to change grades.7 Although the marital residence was going to be sold, Ashley planned to look for a rental property in the same area close to the school. Ashley testified that she had been hired to work at the school’s summer camp in June and believed that she would be earning the same rate for an extra month. She testified that she was staying with friends or at Airbnb properties when she was away from the marital home, while Courtney was living with her paramour. Ashley testified that when she had returned to the marital home for her parenting time after the children’s recent birthday party, she found the state of the home “overwhelming” and “wrecked.” She explained that trash and toys were everywhere, and desserts from the party were thrown into the garage collecting ants. She testified that the recycling bin was filled to the top with empty cans from alcoholic beverages, and she was concerned about the level of supervision for the children given the number of drinking adults present. Ashley found this to be disrespectful given that she was now working full-time and unable to stay home and clean house. She said she regularly had to wash dishes and do the laundry that accumulated from Courtney’s parenting time because she does not do it herself. On cross-examination, Ashley was asked about her efforts to obtain employment. The February 2023 agreed order had discussed a transition period for her to obtain full- time employment, yet she did not accept employment until October 2023. Ashley testified that she “was certainly hunting for it, and taking interviews, and applying for jobs.” Her testimony on this subject continued into the sixth and final day of trial in June 2024. Ashley clarified that when she testified about looking for work toward the end of 2021, this was limited to signing up for and searching on job search websites and looking for work she could do from home or part-time while the children were at Parent’s Day Out. She admitted that she did not apply for any job in 2021. She testified that in 2022, the year the divorce was filed, she began putting in applications an