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Mom Named Major Residential Mum or dad After Assault

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Tennessee baby custody case abstract in divorce.

Alice Faye Powers v. Stephen Edwin Powers

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

The ultimate listening to was held in 2019, and the mom was named major residential mum or dad.  The daddy was given parenting time each different week from Friday by means of Wednesday morning, for a complete of 156 days per yr.  The daddy then appealed to the Tennessee Courtroom of Appeals.  He argued that he ought to have been named major residential mum or dad, and that he ought to have been granted extra parenting time.

The appeals courtroom analyzed the 2 points collectively, and famous that they had been ruled by the statutory elements for custody circumstances.  The daddy claimed that the decrease courtroom had improperly utilized these.  However 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 towards the mom.  It additionally had famous that the mom had been the first caretaker throughout the marriage.

The trial courtroom had famous that most of the elements equally favored each dad and mom, however the appeals courtroom identified that it was not needed to easily mechanically apply the elements.  Because the trial courtroom had performed, 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 maximise the daddy’s parenting time.

For these causes, the Courtroom of Appeals affirmed the decrease courtroom’s ruling and taxed the prices of enchantment towards the daddy.  The courtroom’s opinion was authored by Choose Carma Dennis McGee, and Chief Choose D. Michael Swiney and Choose Frank G. Clement, Jr., joined.

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

See authentic opinion for actual language.  Authorized 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 baby help worksheets from actual circumstances accessible on Amazon.com.