Tennessee youngster custody modification case abstract.
The kid on this Tipton County, Tennessee, case was born to unwed dad and mom in 2015. In 2016, she moved in with the daddy, and so they had been married in Mississippi, however the marriage lasted just a few months. In July 2016, the mom and youngster returned to Tennessee. The daddy filed for divorce in Mississippi, after the mom’s 4–year-old daughter from one other relationship allegedly reported that the daddy sexually abused her.
The mom then filed a petition in Juvenile Courtroom in Tennessee to limit the daddy’s visitation. The daddy denied the allegations, and a listening to was held in 2018.
The courtroom adopted a parenting plan naming the mom as the first residential father or mother, and ordering the daddy to pay youngster help. The daddy’s visitation was initially supervised, however finally was with out supervision.
After a visitation, the mom suspected that the kid had been sexually abused. She took the kid to a hospital for an examination, and there was an investigation by authorities in Tennessee and Mississippi. The mom then filed a petition to droop the daddy’s visitation. The daddy denied the allegations, and a listening to was held. The trial courtroom concluded that there was inadequate proof to grant the mom’s petition. The trial courtroom famous that it was unable to find out the precise that means of the kid’s statements, and there was no bodily proof of abuse from the examination. On the mom’s request, the listening to was continued, and a Mississippi investigator testified as to the investigation. The courtroom then reinstated the daddy’s visitation, and the mom appealed to the Tennessee Courtroom of Appeals.
The appeals courtroom first famous that in instances of modification of custody preparations, trial courts have nice discretion, and appellate courts shouldn’t abuse the preparations apart from abuse of discretion.
Despite the fact that neither father or mother raised the problem, the courtroom first decided that Tennessee, and never Mississippi, had jurisdiction over the case.
After rigorously reviewing the proof, the courtroom agreed with the decrease courtroom’s disposition of the case. It famous that there was no bodily proof, and the kid’s statements had been unreliable and unclear.
For these causes, the Courtroom of Appeals, in an opinion authored by Choose Carma Dennis McGee, affirmed the decrease courtroom’s ruling.
No. W2020-00091-COA-R3-JV (Tenn. Ct. App. Apr. 7, 2021).
See authentic opinion for precise language. Authorized citations omitted.
To be taught 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 youngster help worksheets from actual instances out there on Amazon.com.