September 25, 2023

Tennessee youngster custody case abstract on parenting time in divorce.

Amanda N. Burnett v. Aaron L. Burnett

The courtroom acted correctly in granting the daddy 90 days parenting time per yr.

The husband and spouse on this Anderson County, Tennessee, case had been married in 2010 and had three kids.  They had been divorced in 2020, at which period the courtroom entered its everlasting parenting plan, which was the plan submitted by the spouse.  Below that plan, the spouse was named the first residential mum or dad, with the husband granted 90 days per yr of co-parenting time.  The day-to-day schedule within the plan, nevertheless, solely supplied about 63 days per yr.

The husband appealed to the Tennessee Court docket of Appeals, elevating numerous points, together with the everlasting parenting plan.  After addressing the property and alimony points, the appeals courtroom turned to the everlasting parenting plan.  The courtroom listed the statutory components concerning custody, and turned to the decrease courtroom’s utility of these components.  Particularly, the decrease courtroom famous that the spouse had carried out nearly all of parenting duties.  In truth, the decrease courtroom had gone additional and famous that the husband had beforehand proven an incapacity or unwillingness to supply, reminiscent of withholding entry to marital funds for groceries and clothes.

The decrease courtroom additionally cited the husband’s use of cocaine throughout the marriage.  The appeals courtroom reviewed the proof and concluded that it supported the decrease courtroom’s findings.  Subsequently, it held that the decrease courtroom acted correctly in granting the daddy 90 days parenting time per yr.

However the appeals courtroom did agree with the husband that the order was inconsistent, because the day-to-day schedule granted solely 63 days.  Due to this inconsistency, the appeals courtroom vacated the schedule and remanded the case.

At one level, the husband had been discovered responsible of prison contempt for allegedly discussing the case with a witness.  The spouse conceded that this ruling was misguided, after the husband identified that the alleged dialog with a witness passed off earlier than he was advised to not.  Accordingly, the appeals courtroom reversed this discovering.

The Court docket of Appeals then remanded the case to the decrease courtroom.

No. E2021-00900-COA-R3-CV (Tenn. Ct. App. Dec. 7, 2022).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Little one Custody Legal guidelines in Tennessee and our video, How is youngster 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 youngster help worksheets from actual instances obtainable on