Tennessee little one custody case abstract on parental interference and contempt in divorce.
The husband and spouse on this Shelby County, Tennessee, case married in 2001 and had one little one earlier than their 2010 divorce. Underneath their marital dissolution settlement, the daddy was given versatile co-parenting time because of his journey schedule as knowledgeable golfer.
After the divorce was ultimate, they have been again in court docket many instances. The mom was jailed for contempt, and there have been two earlier appeals to the Tennessee Court docket of Appeals, in 2012 and 2013.
Whereas one of many appeals was nonetheless pending, the mom requested to be named major residential father or mother, and filed her personal contempt petitions. The mom was discovered responsible of 75 counts of prison contempt, however she was sentenced for less than 37. She was sentenced to 30 days in jail, adopted by 25 consecutive weekends. That sentence was upheld on the second enchantment.
In 2014, the daddy filed a petition for breach of contract, alleging that the mom had did not pay the mortgage. The court docket ordered the mom to vacate the residence and signal the property over to the husband. The Court docket of Appeals affirmed that judgment and remanded the case. Varied contempt petitions have been additionally filed, and trial was held in 2017. The case was heard by Choose Mary L. Wagner, who heard proof of about 175 violations of the parenting plan. Most of those associated to the mom’s failure to have the kid full faculty work and attend remedy appointments. She was discovered responsible of 35 counts and sentenced to 350 days. This was initially suspended, however she was finally ordered to serve 336 days. She then introduced one other enchantment to the Tennessee Court docket of Appeals.
The appeals court docket started with a dialogue of the aim for prison contempt. It then turned to the spouse’s argument that she didn’t have correct discover of the fees. The appeals court docket discovered, nevertheless, that the petition listed every depend of contempt and the info in assist. It additionally contained the small print of the listening to and suggested her of the potential for 10 days imprisonment for every cost. It held this was adequate.
She made different procedural arguments, corresponding to not having the fees learn or being conscious of her proper to counsel in any respect phases. However the appeals court docket was fast to level to the parts of the report that refuted these claims.
The mom additionally argued that the proof didn’t assist the conviction. The appeals court docket famous, nevertheless, that her misconduct was earlier than it on the sooner enchantment, and that there was ample proof supporting the fees. The appeals court docket famous that the report “overwhelmingly establishes” her refusal to comply with court docket orders.
The spouse’s sole victory on the enchantment was not having to pay the husband’s lawyer charges. It subsequently affirmed the decrease court docket’s judgment, and in addition taxed the prices of enchantment in opposition to the spouse.
No. W2017-02549-COA-R3-CV (Tenn. Ct. App. Might 26, 2020).
See authentic 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 little one assist worksheets from actual instances obtainable on Amazon.com.