Custody Order Tossed For Inner Inconsistency as to Variety of Days Awarded
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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 youngsters. They had been divorced in 2020, at which era the courtroom entered its everlasting parenting plan, which was the plan submitted by the spouse. Beneath that plan, the spouse was named the first residential dad or mum, with the husband granted 90 days per yr of co-parenting time. The day-to-day schedule within the plan, nevertheless, solely offered about 63 days per yr.
The husband appealed to the Tennessee Courtroom 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 elements relating to custody, and turned to the decrease courtroom’s utility of these elements. Specifically, the decrease courtroom famous that the spouse had carried out the vast majority of parenting tasks. Actually, the decrease courtroom had gone additional and famous that the husband had beforehand proven an incapability or unwillingness to offer, comparable to withholding entry to marital funds for groceries and clothes.
The decrease courtroom additionally cited the husband’s use of cocaine through 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 legal contempt for allegedly discussing the case with a witness. The spouse conceded that this ruling was inaccurate, after the husband identified that the alleged dialog with a witness passed off earlier than he was instructed to not. Accordingly, the appeals courtroom reversed this discovering.
The Courtroom 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 precise language. Authorized citations omitted.
To study extra, see Youngster 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 circumstances accessible on Amazon.com.
