Tennessee baby custody case abstract on parenting restrictions.
The mom and father on this Rutherford County, Tennessee, case have been married in 2011 and had one baby. In 2020, the daddy filed for divorce and likewise sought an order of safety towards the mom.
The court docket discovered that the mom had a critical alcohol downside and an evaluation really useful she search remedy.
In the end, the daddy was named major residential mother or father, however each mother and father have been awarded equal parenting time. The court docket additionally ordered that neither the daddy nor the mom was allowed to eat any alcohol throughout their parenting time. The daddy appealed to the Tennessee Court docket of Appeals.
The daddy first argued that the trial court docket discredited an alcohol evaluation carried out by one physician who testified at trial, however as an alternative thought of one other evaluation that had not been submitted into proof. However whereas the decrease court docket had talked about this report at one level, there was no indication that this proof had affected the court docket’s judgment. Subsequently, it dominated towards the daddy on this level.
The daddy subsequent argued that the decrease court docket shouldn’t have positioned a restriction on his alcohol consumption. Right here, the appeals court docket identified that trial courts have broad discretion in setting such circumstances. It pointed within the document to incidents the place the daddy was intoxicated within the baby’s presence and was yelling at one other particular person. After reviewing the proof, the appeals court docket held that the decrease court docket had acted inside its discretion.
The daddy subsequent argued that the equal parenting time ordered by the decrease court docket was improper. However the appeals court docket famous that the decrease court docket had utilized all the statutory components, and that the daddy’s argument on the contrary was unavailing.
Each events requested legal professional’s charges for the enchantment. For the reason that mom prevailed and in gentle of the opposite related components, the appeals court docket decided that she needs to be awarded her charges.
For these causes, the Court docket of Appeals affirmed the decrease court docket and remanded the case for a willpower of the mom’s legal professional charges.
No. M2022-00297-COA-R3-CV (Tenn. Ct. App. Could 5, 2023).
See unique opinion for precise language. Authorized citations omitted.
To be taught extra, see Little one Custody Legal guidelines in Tennessee and our video, How is baby 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 baby help worksheets from actual instances out there on Amazon.com.