Tennessee little one custody case abstract in divorce.
The mom on this Rutherford County, Tennessee, case filed for divorce in 2019. The events have been married in 2005 and had two daughters. She requested to be named major residential guardian. She later sought an order for defense.
The daddy filed a solution during which he requested to be named major residential guardian.
After many pretrial disputes, the case lastly went to trial in 2022. The trial courtroom made findings as to the daddy’s habits, reminiscent of that he had chased the mom and kids down the freeway together with his car, and that he had violated pretrial orders by texting the kids. It additionally discovered that he had violated courtroom orders by shopping for a car, withdrawing $100,000 in marital funds, and interfering with an ordered sale of property.
The trial courtroom dominated that the mom ought to be named major residential guardian, with the daddy having 55 days of parenting time. It additionally discovered that he was voluntarily unemployed and set his incomes capability at $92,000, leading to a toddler assist obligation of $1005 monthly.
The daddy then appealed to the Tennessee Court docket of Appeals. After addressing property points, the appeals courtroom turned to the problem of custody.
The appeals courtroom, just like the decrease courtroom, seemed on the statutory components, and the way they utilized to the case. Each courts positioned a lot weight on the testimony of counselors who had labored with the daddy and the kids. In line with certainly one of them, the daddy had made disparaging remarks to the kids in regards to the mom. The counselor additionally testified that the kids felt fearful and threatened by the daddy. The opposite counselor agreed, and famous that the daddy’s bond with the kids was very weak.
The mom had additionally testified that for a few years, the daddy was disengaged from the kids, appeared depressed and indignant, and destroyed property in the home.
After reviewing the proof, the Court docket of Appeals agreed that the decrease courtroom had acted inside its discretion in making use of the statutory components. Subsequently, it affirmed the decrease courtroom’s ruling.
After addressing some evidentiary points, the Court docket of Appeals went on to award the mom her legal professional’s charges for the attraction, and remanded the case for functions of computing the quantity.
No. M2022-00558-COA-R3-CV (Tenn. Ct. App. Mar. 16, 2023).
See unique opinion for precise language. Authorized citations omitted.
To be taught extra, see Little one Custody Legal guidelines in Tennessee and our video, How is little one custody decided in Tennessee?
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and little one assist worksheets from actual circumstances accessible on Amazon.com.