Home Family Law Equal Parenting Inappropriate Because of Contentious Relationship

Equal Parenting Inappropriate Because of Contentious Relationship

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Tennessee little one custody case abstract in divorce.

Karthik Rajendran v. Mary Florence Rajendran

The mom and father on this Sumner County, Tennessee, case had been married in 2013 and had one daughter who was born in 2015.  The daddy filed for divorce in 2017, and each events requested to be named main residential mother or father.

The trial courtroom, Decide Joe Thompson, in the end named the mom the first residential mother or father.  Initially, the mom was granted considerably extra parenting time.  However beginning in July 2019, the events had been to have equal time on alternating weeks.  The trial courtroom additionally ordered that every one main selections can be made collectively.  The mom appealed to the Tennessee Courtroom of Appeals.  She argued that equal parenting time was not within the little one’s greatest curiosity, and that the trial courtroom mustn’t have granted joint resolution making authority.

The appeals courtroom began by noting that trial courts have broad discretion in terms of custody issues.  Nonetheless, a call will be reversed whether it is an misguided evaluation of proof or depends on reasoning that causes an injustice.

The mom pointed to a lot of statutory elements the place she believed the decrease courtroom had dominated erroneously.  For instance, the trial courtroom had discovered that the period of time spent by every mother or father with the kid was an element that equally favored each events.  The trial courtroom had famous that the mom did, certainly, spend extra time with the kid, however discovered the issue to be equal because the father was capable of deal with the kid’s wants when he did have time along with her.  She additionally took difficulty with the issue involving love, affection, and emotional ties.

The appeals courtroom famous that it was an in depth query on a few of these points.  There have been no particular factual findings within the report that might make clear these rulings.  However it agreed that these elements favored the mom.

The mom additionally argued that the kid had shut relationships along with her kinfolk, and that this issue strongly favored her.  Whereas it discovered that this difficulty wasn’t essentially dispositive, the appeals courtroom discovered that this difficulty was related.

After sifting by way of the entire statutory elements, the appeals courtroom in the end concluded that 5 elements favored the mom, and that zero favored the daddy.  Whereas 4 elements had been equal, the appeals courtroom discovered that the elements favoring the mom ought to have been given extra weight.

After weighing one of the best pursuits of the kid, the appeals courtroom in the end concluded that an equal parenting association was not applicable.  It famous that there have been problems with distrust between the events, and the trial courtroom had specified the strategies of communication for the events. 

Though it famous that the mom was not fully with out blame, the Courtroom of Appeals held {that a} joint parenting association was not workable.

For these causes, the Courtroom of Appeals reversed the decrease courtroom’s ruling and remanded the case.  The prices of the enchantment had been assessed in opposition to the daddy.

No. M2019-00265-COA-R3-CV (Tenn. Ct. App. Sep. 16,  2020).

See unique opinion for actual language.  Authorized citations omitted.

To be taught 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 help worksheets from actual circumstances out there on Amazon.com.

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