Tennessee baby custody case abstract on parental interference and contempt in divorce.

Sherrie Miller Daly v. John Daly

The husband and spouse on this Shelby County, Tennessee, case married in 2001 and had one baby earlier than their 2010 divorce.  Underneath their marital dissolution settlement, the daddy was given versatile co-parenting time as a result of his journey schedule as an expert golfer.

After the divorce was last, they have been again in court docket many occasions.  The mom was jailed for contempt, and there have been two earlier appeals to the Tennessee Courtroom 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 under 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 didn’t pay the mortgage.  The court docket ordered the mom to vacate the residence and signal the property over to the husband.  The Courtroom of Appeals affirmed that judgment and remanded the case.  Numerous 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 Courtroom 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 costs.  The appeals court docket discovered, nevertheless, that the petition listed every rely of contempt and the info in help.  It additionally contained the main points of the listening to and suggested her of the potential for 10 days imprisonment for every cost.  It held this was ample.

She made different procedural arguments, resembling not having the costs 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 file that refuted these claims.

The mom additionally argued that the proof didn’t help 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 costs.  The appeals court docket famous that the file “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 legal professional charges.  It due to this fact affirmed the decrease court docket’s judgment, and in addition taxed the prices of enchantment towards the spouse.

No. W2017-02549-COA-R3-CV (Tenn. Ct. App. Might 26,  2020).

See authentic opinion for precise 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 circumstances out there on Amazon.com.

LEAVE A REPLY

Please enter your comment!
Please enter your name here