Counsel for the mother asked the court to extend an ex parte restraining order after the father, Brian Phelps, was arrested on June 22 on charges including driving under the influence and child endangerment. The mother said she learned of the arrest by a social-app posting and that she did not receive personal notice from the father.

Phelps testified on the record that, on June 22, he had been at a creek with his son, consumed what he estimated to be eight beers during the day, and drove his truck with his 13-year-old son in the front passenger seat. Law enforcement stopped him; officers administered field-sobriety tests, arrested him and obtained a blood sample. Phelps said he was held in custody for 14 hours. He testified that the post-arrest blood test returned a result of 0.19, which the court described on the record as more than double Tennessee's legal limit of 0.08.

The court advised Phelps of his Fifth Amendment rights in the civil proceeding but noted the consequences of asserting privilege in civil court. Counsel introduced text messages and other evidence showing the mother had knowledge of the arrest within days, and testimony established the children had been in the fathers care in the period since the arrest. Child Protective Services had visited the fathers residence and reported no immediate safety concerns, the father testified.

Judge David D. Wolfe declined to suspend visitation outright, concluding the record did not establish a present emergency requiring a suspension of the parenting schedule. At the same time, the court made a specific modification to protect the children: while affirming the residential schedule remain in place, the judge ordered that the father not consume or possess alcohol immediately before or during any residential time, that no alcohol be kept in the home where the children are staying and that others living in the home avoid drinking while the children are present. The judge urged Phelps to seek treatment for alcohol use and encouraged him to use the visitation to create positive experiences for the children.

The court said further drafting of the written order would be handled by counsel and the clerk; the order will memorialize the no-alcohol restrictions and retain the existing visitation schedule.