Family LawToday

No Change of Circumstances Means No Custody for Mother

The mom argued that due to her transfer to Johnson Metropolis, the trial courtroom ought to have thought of her potential to enroll the youngsters there.  However the appeals courtroom famous that she had already moved when the unique plan was adopted.  Subsequently, there had been no change of circumstances.

Tennessee baby custody modification case abstract.

Travis Payne v. Jessica Payne

The mom and father on this Greene County, Tennessee, case had been divorced in 2016 and had two youngsters, who had been 6 and 5 years previous on the time of their 2021 enchantment.  The events arrived at a Marital Dissolution Settlement which was permitted by the courtroom in 2019.  Nonetheless, it reserved the parenting points till a later date.  A listening to was held in April 2019, after the mom had already relocated to Johnson Metropolis.  A phone listening to was held, and the courtroom adopted the daddy’s proposed parenting plan.  After some post-trial changes, the daddy was named the first residential guardian, with every guardian having 182.5 days with the youngsters.  This was typically alternating weeks all year long.

About eight months later, the mom made a petition to change the parenting plan.  She argued that there had been a cloth change of circumstances as a result of the daddy had did not abide by the plan.  The trial courtroom dismissed the petition, and the mom appealed to the Tennessee Courtroom of Appeals.

On enchantment, the mom argued that the trial courtroom had erred in failing to discover a materials change of circumstances.  Nonetheless, in her transient on enchantment, she addressed just one level of competition, particularly, the designation of the varsity system the youngsters would attend.  Subsequently, the appeals courtroom restricted its evaluation to that concern.

The mom pointed to alleged cases the place the daddy had failed to speak together with her.  However the trial courtroom had particularly dominated that the daddy had not made communication troublesome.  Because the decision of this concern concerned witness credibility, the Courtroom of Appeals deferred to the decrease courtroom’s discovering.  It did study the proof and conclude that there had been no failure to speak that may warrant a change of custody.

The mom argued that due to her transfer to Johnson Metropolis, the trial courtroom ought to have thought of her potential to enroll the youngsters there.  However the appeals courtroom famous that she had already moved when the unique plan was adopted.  Subsequently, there had been no change of circumstances.

After reviewing the entire proof, the Courtroom of Appeals concluded that the mom had not met her burden of proof.  Accordingly, it affirmed the decrease courtroom’s choice.

No. E2020–01083-COA-R3-CV (Tenn. Ct. App. Jul. 14,  2021).

See unique opinion for precise language.  Authorized citations omitted.

To study 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 baby assist worksheets from actual circumstances accessible on Amazon.com.

Source link

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button