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Mother Named Primary Residential Parent After Assault

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Tennessee little one custody case abstract in divorce.

Alice Faye Powers v. Stephen Edwin Powers

The mom and father on this Humphreys County, Tennessee, case, have been married in 2013 after the beginning of their little one in 2012.  They separated in 2016, after a physical altercation in a shopping mall parking zone.  After the incident, the father pled responsible to home assault, and the mom filed for divorce.

The closing listening to was held in 2019, and the mom was named main residential father or mother.  The father was given parenting time each different week from Friday by way of Wednesday morning, for a complete of 156 days per yr.  The father then appealed to the Tennessee Court of Appeals.  He argued that he ought to have been named main residential father or mother, and that he ought to have been granted extra parenting time.

The appeals courtroom analyzed the 2 points collectively, and famous that they have been ruled by the statutory components for custody instances.  The father claimed that the decrease courtroom had improperly utilized these.  But the appeals courtroom reviewed the decrease courtroom’s findings and agreed with them.  The trial courtroom had positioned the best weight on the daddy’s assault in opposition to the mom.  It additionally had famous that the mom had been the first caretaker through the marriage.

The trial courtroom had famous that lots of the components equally favored each mother and father, however the appeals courtroom identified that it was not vital to easily mechanically apply the components.  As the trial courtroom had finished, the appeals courtroom famous that the daddy had assaulted the mom within the presence of the kid, and this weighed closely in favor of not having to maximize the daddy’s parenting time.

For these causes, the Court of Appeals affirmed the decrease courtroom’s ruling and taxed the prices of appeal in opposition to the daddy.  The courtroom’s opinion was authored by Judge Carma Dennis McGee, and Chief Judge D. Michael Swiney and Judge Frank G. Clement, Jr., joined.

No. M2019-01512-COA-R3-CV (Tenn. Ct. App. Apr. 7,  2021).

See unique opinion for precise language.  Legal citations omitted.

To be taught 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 instances out there on Amazon.com.

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