Tennessee little one custody case abstract in divorce.
The mom and father on this Montgomery County, Tennessee, case have been married in 2005 and had one little one, who was born in 2011. They separated in 2014, and the daddy filed for divorce in 2016. They have been in a position to comply with most points, however each dad and mom wished to be named major residential mum or dad. In 2019, a trial was held earlier than Decide Kathryn Wall Olita.
The events had lived collectively till the daddy, who was within the army, was relocated. In June 2015, the mom was arrested for an alcohol-related offense. This concerned a DUI and leaving the kid unattended within the automotive exterior a restaurant. The daddy testified that even earlier than this, the mom had turn into intoxicated a couple of times a month, and the consuming elevated when the kid was born. On the time of the 2015 arrest, the daddy was stationed in Afghanistan, however he was given depart to fly residence to take custody of the kid. He and the kid then moved to Colorado, though the mom had the kid a few of the time. Throughout her custody of the kid, she was arrested once more, and the kid was positioned in state custody. Ultimately, the daddy’s brother took custody of the kid till the daddy was in a position to return from his deployment. On the time of trial, the daddy was completely stationed in Louisiana, and the kid lived with him there, with the assistance of a nanny.
The trial courtroom named the daddy the first residential mum or dad. The mom then appealed to the Tennessee Courtroom of Appeals.
The trial courtroom had based mostly its ruling partially upon the truth that the daddy had supplied major care for the reason that mom’s most up-to-date arrest. It discovered that the kid’s schedule in Louisiana was predictable and constant. The decrease courtroom additionally famous the daddy’s previous efficiency as a mum or dad, and the mom’s demonstrated lack of capacity to carry out her parenting duties.
The appeals courtroom famous that in non-jury instances, the appellate courtroom opinions the decrease courtroom’s findings de novo, however with a presumption of correctness.
The appeals courtroom extensively reviewed the statutory components and the way the decrease courtroom had utilized them. It agreed with the decrease courtroom that the daddy had been the extra dependable caregiver for the reason that 2015 arrest. Total, it held that the trial courtroom’s ruling was effectively inside its discretion.
For these causes, the Courtroom of Appeals affirmed the decrease courtroom’s resolution and assessed the prices of enchantment in opposition to the mom. The courtroom’s opinion was authored by Decide Andy D. Bennett.
No. M2019-00693-COA-R3-CV (Tenn. Ct. App. Sep. 18, 2020).
See authentic opinion for precise language. Authorized citations omitted.
To study extra, see Child Custody Laws 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 instances accessible on Amazon.com.