Home Divorce Lawyer Dad Gets Custody After Mom’s Alcohol-Related Arrests

Dad Gets Custody After Mom’s Alcohol-Related Arrests

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Tennessee little one custody case abstract in divorce.

Michael Lee Brown v. Jennifer Karen Brown

The mama and father on this Montgomery County, Tennessee, case have been married in 2005 and had one little one, who was born in 2011.  They separated in 2014, and the daddy filed for divorce in 2016.  They have been capable of conform to most points, however each mother and father needed to be named main residential father or mother.  In 2019, a trial was held earlier than Judge Kathryn Wall Olita.

The events had lived collectively till the daddy, who was within the navy, was relocated.  In June 2015, the mama was arrested for an alcohol-related offense.  This intertwined a DUI and leaving the kid unattended within the automotive outdoors a restaurant. The father testified that even earlier than this, the mama had turn into intoxicated a few times a month, and the consuming became greater when the kid was born.  At the time of the 2015 arrest, the daddy was stationed in Afghanistan, however he was given depart to fly house to take custody of the kid.  He and the kid then moved to Colorado, though the mama had the kid a number of the time.  During her custody of the kid, she was arrested once more, and the kid was positioned in state custody.  Eventually, the daddy’s brother took custody of the kid till the daddy was capable of return from his deployment.  At the time of trial, the daddy was forever stationed in Louisiana, and the kid lived with him there, with the assistance of a nanny.

The trial court docket named the daddy the first residential father or mother.  The mama then appealed to the Tennessee Court of Appeals.

The trial court docket had based mostly its ruling  partially upon the truth that the daddy had offered main care for the reason that mama’s most up-to-date arrest.  It discovered that the kid’s schedule in Louisiana was predictable and constant.  The decrease court docket additionally famous the daddy’s previous efficiency as a father or mother, and the mama’s demonstrated lack of skill to carry out her parenting obligations.

The appeals court docket famous that in non-jury circumstances, the appellate court docket opinions the decrease court docket’s findings de novo, however with a presumption of correctness.

The appeals court docket extensively reviewed the statutory elements and the way the decrease court docket had utilized them.  It agreed with the decrease court docket that the daddy had been the extra dependable caregiver for the reason that 2015 arrest.  Overall, it held that the trial court docket’s ruling was well inside its discretion.

For these causes, the Court of Appeals affirmed the decrease court docket’s determination and assessed the prices of appeal towards the mama.  The court docket’s opinion was authored by Judge Andy D. Bennett.

No. M2019-00693-COA-R3-CV (Tenn. Ct. App. Sep. 18,  2020).

See authentic opinion for precise language.  Legal citations omitted.

To study extra, see Child Custody Laws 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.

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