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Dad Will get Custody After Mother’s Quite a few Abuse Claims

Tennessee little one custody modification case abstract.

Lindsey Beth Honea v. John William Honea

Dad Will get Custody After Mother’s Quite a few Abuse Claims

The mom and father of three on this Rutherford County, Tennessee, case have been married for eight years earlier than their 2017 divorce.  The mom was named the first residential dad or mum, and the daddy was awarded 148 days per 12 months of parenting time.

The subsequent 12 months, each events have been again in courtroom asking for the opposite dad or mum to be held in contempt.  The daddy argued that the mom refused to switch the kids to him as required by the parenting plan.  The mom countered by alleging that the kids had been handled inappropriately by kin of the daddy whereas he was at work.  Each events have been finally held in contempt and have been required to serve jail sentences.

The courtroom additionally agreed that the unique parenting plan wasn’t working and ordered a change.  The trial courtroom famous that there had been fixed hostility.  However the trial courtroom discovered that the mom’s efforts to alienate the kids from the daddy had intensified.  Accordingly, the courtroom modified the parenting plan and named the daddy the first residential dad or mum, with equal parenting time.  A previous provision in opposition to the daddy’s consumption of alcohol within the presence of the kids or twelve hour prior was to stay in place.  The mom appealed to the Tennessee Courtroom of Appeals.  After affirming the contempt orders, the appeals courtroom turned to the modification of parenting time.

The appeals courtroom first famous that the evaluation was de novo, however with a presumption of correctness of factual findings.  The authorized customary is whether or not there was a fabric change of circumstances such that the unique plan was not within the youngsters’s greatest pursuits.

The mom argued that the trial courtroom had misconstrued the proof, notably to find that she had alienated the kids.

The mom had made quite a few complaints to regulation enforcement, and all of those have been discovered to be unsupported by the proof.  The appeals courtroom addressed all the accusations, and there was testimony from academics, docs, and police.  The trial courtroom had made credibility determinations, and concluded that the daddy had established a fabric change of circumstances.

After its intensive evaluation of the proof, the appeals courtroom agreed with the daddy that the decrease courtroom had not abused its discretion.  Due to this fact, it affirmed the decrease courtroom’s ruling.  It additionally assessed the prices of attraction in opposition to the mom.

No. M2020–00881-COA-R3-CV (Tenn. Ct. App. Apr. 22,  2021).

See authentic opinion for actual language.  Authorized citations omitted.

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

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 help worksheets from actual instances obtainable on Amazon.com.

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