October 1, 2023

Tennessee little one custody case abstract.

Darryl Lee Pogue v. Jessica Simms

The appeals courtroom discovered it troublesome to establish the decrease courtroom’s reasoning for not awarding equal parenting time.

The kid on this Lincoln County, Tennessee, case was born to unwed dad and mom in 2021.  The daddy sued to determine paternity and a DNA take a look at established that he was the organic father.  The case went to trial on the problem of visitation, and trial was held in 2022 earlier than Decide Andy Myrick, who issued an order granting the mom 229 days of parenting time and the daddy, 136 days.  The order, nonetheless, contained no findings of truth or conclusions of legislation.  The daddy appealed to the Tennessee Courtroom of Appeals.

The appeals courtroom started by citing circumstances for the proposition that findings of truth and conclusions of legislation are required in assist of orders.  The daddy’s important goal of the attraction was that the decrease courtroom had not maximized his parenting time, as required by a Tennessee Statute.

On this case, each events had agreed that the opposite was a superb guardian who performed an energetic position within the little one’s life.  In gentle of this, and the statute, the appeals courtroom discovered it troublesome to establish the decrease courtroom’s reasoning for not awarding equal parenting time. 

[T]he trial courtroom’s order accommodates no findings of truth or conclusions of legislation concerning its resolution to award Mom 229 days and Father solely 136 days of parenting time, and we discover no indication on this report that the trial courtroom’s disposition was made in consideration of the legislative intent of part 36-6-106(a)’s requirement that courts are to trend custody preparations to maximise a guardian’s time with their little one in accordance with the kid’s finest pursuits.

For that reason, the Courtroom of Appeals vacated the decrease courtroom’s order and remanded the case for the decrease courtroom to set forth its findings and conclusions.  The appeals courtroom additionally identified that whereas there was a schedule for Thanksgiving and Christmas, the decrease courtroom had did not undertake a schedule for the parenting time.

Each dad and mom requested for legal professional’s charges for the attraction, however this was denied.

No. M2022-01095-COA-R3-JV (Tenn. Ct. App. Apr. 19, 2023).

See unique opinion for actual language.  Authorized citations omitted.

To study extra, see Little one Custody Legal guidelines in Tennessee and our video, How is little one custody decided 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 little one assist worksheets from actual circumstances obtainable on Amazon.com.