Tennessee youngster custody case abstract on parenting restrictions.
The mom and father on this Rutherford County, Tennessee, case had been married in 2011 and had one youngster. In 2020, the daddy filed for divorce and in addition sought an order of safety in opposition to the mom.
The courtroom discovered that the mom had a critical alcohol downside and an evaluation really helpful she search therapy.
In the end, the daddy was named main residential mother or father, however each mother and father had been awarded equal parenting time. The courtroom additionally ordered that neither the daddy nor the mom was allowed to eat any alcohol throughout their parenting time. The daddy appealed to the Tennessee Court docket of Appeals.
The daddy first argued that the trial courtroom discredited an alcohol evaluation performed by one physician who testified at trial, however as an alternative thought-about one other evaluation that had not been submitted into proof. However whereas the decrease courtroom had talked about this report at one level, there was no indication that this proof had affected the courtroom’s judgment. Subsequently, it dominated in opposition to the daddy on this level.
The daddy subsequent argued that the decrease courtroom shouldn’t have positioned a restriction on his alcohol consumption. Right here, the appeals courtroom identified that trial courts have broad discretion in setting such circumstances. It pointed within the file to incidents the place the daddy was intoxicated within the youngster’s presence and was yelling at one other particular person. After reviewing the proof, the appeals courtroom held that the decrease courtroom had acted inside its discretion.
The daddy subsequent argued that the equal parenting time ordered by the decrease courtroom was improper. However the appeals courtroom famous that the decrease courtroom had utilized the entire statutory components, and that the daddy’s argument on the contrary was unavailing.
Each events requested lawyer’s charges for the attraction. Because the mom prevailed and in gentle of the opposite related components, the appeals courtroom decided that she must be awarded her charges.
For these causes, the Court docket of Appeals affirmed the decrease courtroom and remanded the case for a willpower of the mom’s lawyer charges.
No. M2022-00297-COA-R3-CV (Tenn. Ct. App. Might 5, 2023).
See unique opinion for precise language. Authorized citations omitted.
To be taught extra, see Baby Custody Legal guidelines in Tennessee and our video, How is youngster 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 youngster assist worksheets from actual instances accessible on Amazon.com.