October 1, 2023

Tennessee baby custody modification case abstract.

Benjamin McCurry v. Agness McCurry

Mom offered a photograph of two palms forming a triangular form. The mom alleged that this was a “Hindu image” and violation of the parenting plan. The trial courtroom didn’t purchase this.

The mom and father on this Washington County, Tennessee, case had been married in 2016 and had one baby in 2017.  They separated the next 12 months and divorced in 2019.  The daddy was named the first residential mum or dad, however the mom was granted solely restricted supervised visitation because of the trial courtroom’s concern over her psychological well being.  A everlasting parenting plan was later issued, however the father remained the first residential mum or dad.  The mom moved to have the trial decide recused, however this movement was denied.

In 2020, the mom filed a petition to be named major residential mum or dad, however this movement was denied.  Each events requested for the opposite to be held in contempt, however each of those requests had been denied.

In 2022, the mom filed one other movement for contempt and alter of custody.  Her considerations centered across the father’s new relationship.  The brand new girlfriend’s Fb image contained an image of the daddy and son, and the mom argued that she didn’t give permission for this image to be displayed.  She was additionally involved that the mom’s “home” was in a trailer park.  The mom was additionally involved that the girlfriend paid for a membership at a trampoline park, which the mom framed as an extracurricular exercise finished with out the mom’s decision-making enter.

A listening to was held, and the trial courtroom held that the daddy had made no violations of the parenting plan.  It famous, for instance, that the trampoline park didn’t represent and “extracurricular exercise” requiring the mom’s enter.  It equated this with taking the kid to a park, zoo, or different regular exercise.  It held that there was no materials probability of circumstances, and denied the mom’s request.  Appearing as her personal legal professional, she then appealed to the Tennessee Court docket of Appeals.  She raised greater than 25 points in her temporary, however the appeals courtroom famous that the majority of them had not been raised within the trial courtroom.  The one points earlier than the courtroom had been the contempt movement and the denial of the petition to vary custody.  The courtroom due to this fact addressed these points.

The appeals courtroom, just like the trial courtroom, first famous that the mom had not been particular as as to whether she sought civil contempt or felony contempt.  Each courts, due to this fact, handled it as a civil contempt case, and such a case focuses on whether or not the get together had violated a courtroom order.  The mom pointed to numerous points, resembling allegedly abusive textual content messages.  However the textual content message was the mom’s request to drop the kid off at a unique location, and the daddy refused to take action.  The appeals courtroom famous that he had no obligation to take action.  In reality, he had even prompt one other location.  The trial courtroom famous that the daddy was “bending over backwards to cooperate,” and the appeals courtroom agreed.

The courtroom then turned to the photographs of the son posted on Fb.  However each the trial courtroom and the appellate courtroom agreed that nothing within the parenting plan prevented this.  In reality, the appeals courtroom famous that because the pictures had been with the mom’s mom, it was a benign change.

The daddy had withdrawn the kid from preschool, and the mom claimed that this was one other violation.  However the appeals courtroom famous that the daddy had such authority, and the college had agreed that the kid can be higher off in a smaller group of kids.

The appeals courtroom then addressed that trampoline park, and the appeals courtroom agreed with the decrease courtroom that this didn’t represent an “extracurricular exercise” over which the mom had decision-making authority.

The parenting plan referred to as for the kid to be introduced up within the Christian religion, and the mom offered a photograph of two palms forming a triangular form.  The mom alleged that this was a “Hindu image” and violation of the parenting plan.  The trial courtroom didn’t purchase this, and the appeals courtroom held that this ruling was a correct train of the trial courtroom’s discretion.

After affirming the ruling on the contempt movement, the appeals courtroom turned to the mom’s movement to vary residential dad and mom.  The mom pointed to the girlfriend’s involvement with the kid ask proof of a cloth change of circumstances.

However the appeals courtroom was fast to level out that there was no proof that the kid’s well-being was negatively affected.  Subsequently, it affirmed the decrease courtroom’s ruling.

The daddy requested damages for a frivolous enchantment, however this request was denied.  The mom was assessed the prices of enchantment.

No. E2022-00635-COA-R3-CV (Tenn. Ct. App. Dec. 1, 2022).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Modifying Custody & Parenting Plans 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.