No Change of Custody Regardless of Trampoline Park and “Hindu Image” Expenses

Tennessee little one custody modification case abstract.

Benjamin McCurry v. Agness McCurry

Mom offered a photograph of two fingers forming a triangular form. The mom alleged that this was a “Hindu image” and violation of the parenting plan. The trial court docket didn’t purchase this.

The mom and father on this Washington County, Tennessee, case have been married in 2016 and had one little one in 2017.  They separated the next yr and divorced in 2019.  The daddy was named the first residential mother or father, however the mom was granted solely restricted supervised visitation as a result of trial court docket’s concern over her psychological well being.  A everlasting parenting plan was later issued, however the father remained the first residential mother or father.  The mom moved to have the trial decide recused, however this movement was denied.

In 2020, the mom filed a petition to be named main residential mother or father, however this movement was denied.  Each events requested for the opposite to be held in contempt, however each of those requests have been denied.

In 2022, the mom filed one other movement for contempt and alter of custody.  Her considerations centered across the father’s new relationship.  The brand new girlfriend’s Fb image contained an image of the daddy and son, and the mom argued that she didn’t give permission for this image to be displayed.  She was additionally involved that the mom’s “home” was in a trailer park.  The mom was additionally involved that the girlfriend paid for a membership at a trampoline park, which the mom framed as an extracurricular exercise finished with out the mom’s decision-making enter.

A listening to was held, and the trial court docket held that the daddy had made no violations of the parenting plan.  It famous, for instance, that the trampoline park didn’t represent and “extracurricular exercise” requiring the mom’s enter.  It equated this with taking the kid to a park, zoo, or different regular exercise.  It held that there was no materials likelihood of circumstances, and denied the mom’s request.  Appearing as her personal lawyer, she then appealed to the Tennessee Courtroom of Appeals.  She raised greater than 25 points in her temporary, however the appeals court docket famous that the majority of them had not been raised within the trial court docket.  The one points earlier than the court docket have been the contempt movement and the denial of the petition to vary custody.  The court docket subsequently addressed these points.

The appeals court docket, just like the trial court docket, first famous that the mom had not been particular as as to whether she sought civil contempt or prison contempt.  Each courts, subsequently, handled it as a civil contempt case, and such a case focuses on whether or not the social gathering had violated a court docket order.  The mom pointed to a variety of points, resembling allegedly abusive textual content messages.  However the textual content message was the mom’s request to drop the kid off at a special location, and the daddy refused to take action.  The appeals court docket famous that he had no obligation to take action.  Actually, he had even advised one other location.  The trial court docket famous that the daddy was “bending over backwards to cooperate,” and the appeals court docket agreed.

The court docket then turned to the photographs of the son posted on Fb.  However each the trial court docket and the appellate court docket agreed that nothing within the parenting plan prevented this.  Actually, the appeals court docket famous that for the reason that pictures have been with the mom’s mom, it was a benign trade.

The daddy had withdrawn the kid from preschool, and the mom claimed that this was one other violation.  However the appeals court docket famous that the daddy had such authority, and the varsity had agreed that the kid can be higher off in a smaller group of youngsters.

The appeals court docket then addressed that trampoline park, and the appeals court docket agreed with the decrease court docket that this didn’t represent an “extracurricular exercise” over which the mom had decision-making authority.

The parenting plan known as for the kid to be introduced up within the Christian religion, and the mom offered a photograph of two fingers forming a triangular form.  The mom alleged that this was a “Hindu image” and violation of the parenting plan.  The trial court docket didn’t purchase this, and the appeals court docket held that this ruling was a correct train of the trial court docket’s discretion.

After affirming the ruling on the contempt movement, the appeals court docket turned to the mom’s movement to vary residential mother and father.  The mom pointed to the girlfriend’s involvement with the kid ask proof of a fabric change of circumstances.

However the appeals court docket was fast to level out that there was no proof that the kid’s well-being was negatively affected.  Due to this fact, it affirmed the decrease court docket’s ruling.

The daddy requested damages for a frivolous attraction, however this request was denied.  The mom was assessed the prices of attraction.

No. E2022-00635-COA-R3-CV (Tenn. Ct. App. Dec. 1, 2022).

See unique opinion for precise language.  Authorized citations omitted.

To study extra, see Modifying Custody & Parenting Plans 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 out there on Amazon.com.