Tennessee baby custody case abstract in divorce.

Michael Lee Brown v. Jennifer Karen Brown

The mom and father on this Montgomery County, Tennessee, case had been married in 2005 and had one baby, who was born in 2011.  They separated in 2014, and the daddy filed for divorce in 2016.  They had been in a position to comply with most points, however each dad and mom needed to be named main residential mother or father.  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 out to be 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 house 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.  Finally, 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 court docket named the daddy the first residential mother or father.  The mom then appealed to the Tennessee Courtroom of Appeals.

The trial court docket had primarily based its ruling  partly upon the truth that the daddy had offered main care because the mom’s most up-to-date arrest.  It discovered that the kid’s schedule in Louisiana was predictable and constant.  The decrease court docket additionally famous the daddy’s previous efficiency as a mother or father, and the mom’s demonstrated lack of potential to carry out her parenting obligations.

The appeals court docket famous that in non-jury instances, the appellate court docket opinions the decrease court docket’s findings de novo, however with a presumption of correctness.

The appeals court docket extensively reviewed the statutory components and the way the decrease court docket had utilized them.  It agreed with the decrease court docket that the daddy had been the extra dependable caregiver because the 2015 arrest.  Total, it held that the trial court docket’s ruling was properly inside its discretion.

For these causes, the Courtroom of Appeals affirmed the decrease court docket’s choice and assessed the prices of enchantment towards the mom.  The court docket’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 actual 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 baby assist worksheets from actual instances obtainable on Amazon.com.

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