A judge in Cheatham County on Tuesday made Matthew Christopher Fenton the permanent primary residential parent of his 4‑year‑old son, concluding that the father had addressed the child’s medical, developmental and educational needs better than the mother and adopting the father’s proposed parenting plan in full.

The judge said the record showed the child’s cardiology, vision and therapy appointments were not being kept while in the mother’s custody and that the father quickly got the child “on track” after becoming the temporary primary residential parent in January. The judge cited photographs introduced at the hearing and testimony from a Dixon Police Department officer that the mother’s home contained “clutter, chemicals on the floor, trash on the floor” and other hazards that were within reach of children.

Why it matters: The ruling replaces the temporary arrangement and sets a permanent schedule and decision‑making structure for the child’s care. The judge ordered that the mother’s residential time be exercised in the county where the father lives and barred overnight visits there for now, citing the living conditions and the child’s special medical needs. The judge also reserved the issue of child support so it can be revisited if the mother’s circumstances change.

In court, the father, Matthew Christopher Fenton, described steps he had taken since January to enroll the child in school in Allen County, Kentucky, obtain required shots, and schedule cardiology, ophthalmology and therapy appointments. Fenton testified that the child had no unexcused absences in the current school and that his vocabulary and social skills had improved since the transfer. Fenton said he earns about $37.50 an hour and that he is willing to waive any child support award to facilitate visitation, although the court expressly reserved child‑support enforcement for the future.

Officer Bridal LaFeaver of the Dixon Police Department testified she responded to a welfare check on Aug. 9 and, after entering the home, observed a “very dirty” kitchen, a freezer “stuffed full of just random things,” cleaning chemicals and food within a child’s reach. The officer identified photos she took or received as fairly depicting the conditions and said the household conditions and the statements of a 12‑year‑old prompted concern and temporary relocation of the children to relatives that day.

Elizabeth Nicole Wires, who testified that she is Sophie's cousin, said she has known Sophie all her life and had recently been concerned about Sophie’s welfare. Wires testified she had seen the house “pretty close to this” condition in prior years and said Sophie told her she was being directed to care for the younger child.

The mother, Amy Suzanne Hewitt, testified pro se and said she has disability benefits that lapsed while she worked on recertification and denied diverting medication. She acknowledged an open DCS (Department of Children’s Services) case regarding her older daughter Sophie and said she is participating in services.

The court’s action and directions:
- The judge adopted the father’s proposed permanent parenting plan in full, naming Matthew Christopher Fenton the permanent primary residential parent.
- The mother’s overnight visits were suspended in the mother’s county; the court ordered the mother’s visitation to take place in the father’s county per the schedule in the adopted plan (Friday 5 p.m.–8 p.m.; Saturday–Sunday 8 a.m.–6 p.m.; two consecutive weeks in each of the first two summer months), and required the mother to pick up and return the child to the father’s residence for day visits.
- The court required the parents to provide proof of completion of a parent education seminar within 60 days per the parenting plan.
- Child support was reserved (not waived permanently); the court said support could be revisited if the mother becomes employed or obtains Social Security disability, and directed that any Social Security childhood benefit payable because the mother’s disability is reinstated should be paid to the father as the child’s custodial parent.

The judge explained that the statutory best‑interest factors under the Tennessee code (36‑6‑106) weigh in favor of the father because of the child’s improved medical and educational status since living with him, the pattern of unexcused school absences in the earlier record, and the court’s finding that the mother’s testimony and earlier representations were inconsistent with documentary evidence. The judge said the court had observed “a marked difference” between the parties and stressed: “Being a parent is more than than having biology...Being a parent is addressing the child's needs and putting that child's needs ahead of your own needs.”

The mother may petition the court later for modification, but the judge said any change would require proof of a material change in circumstances. The court entered the order at the hearing, concluding the litigation on the permanent plan while leaving the door open to future modification upon proof of changed circumstances.

Ending note: Department of Children’s Services involvement regarding the mother’s 12‑year‑old daughter remains open; the judge said the court lacks authority to resolve all DCS matters but emphasized that DCS follow‑up could change the family circumstances relevant to future custody requests.