Tennessee baby custody modification case abstract.
The mom and father have been the mother and father of a daughter born in 2010. In 2012, they have been divorced in Montgomery County, Tennessee. The trial court docket named the mom the first residential father or mother and awarded her 330 days per 12 months parenting time. The daddy subsequently moved to Connecticut.
In 2017, the daddy petitioned for contempt and to change the parenting plan. The mother and father agreed to a mediated settlement below which the mom had 320 days parenting time, with the daddy having the opposite 45.
The daddy filed one other petition in 2018, once more asking for a modification. The matter was heard by Decide Ross H. Hicks. The trial court docket dismissed the petition, however granted the mom’s movement to have the daddy held in civil contempt. The daddy was sentenced to 10 days in jail for failing to supply copies of tax returns. Each events have been held in contempt for failing to attend a parenting class, however have been allowed to treatment this contempt. The mom was additionally awarded $5,000 in legal professional’s charges. The daddy then appealed to the Tennessee Courtroom of Appeals.
The daddy first argued that the decrease court docket had erred in not discovering a cloth change of circumstances in order to warrant a change of custody. However the appeals court docket examined the proof and concluded that the decrease court docket was trying to find, however failed to search out, any materials change of circumstances.
Specifically, the daddy identified that his work scheduled had modified to be able to enable extra flexibility. However the appeals court docket agreed with the decrease court docket that this variation was not important.
The court docket additionally concluded that there was inadequate proof to vary the decision-making authority within the case, which was held by the mom.
The daddy additionally argued that the award of legal professional’s charges was improper. The decrease court docket had granted this primarily based upon its discovering the daddy in contempt. After inspecting the proof, the appeals court docket concluded that this award was cheap and throughout the decrease court docket’s discretion.
For these causes, the Courtroom of Appeals affirmed the decrease court docket’s judgment and remanded the case. It additionally taxed the price of enchantment towards the daddy. The appellate court docket’s choice was authored by Decide John W. McClarty.
No. M2019-02071-COA-R3-CV (Tenn. Ct. App. Dec. 10, 2020).
See unique opinion for actual language. Authorized citations omitted.
To study extra, see Modifying Custody & Parenting Plans.
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and baby help worksheets from actual instances obtainable on Amazon.com.