Court docket Should Maximize Parenting Time Or Say Why Not

Tennessee youngster custody case abstract.

Darryl Lee Pogue v. Jessica Simms

The appeals courtroom discovered it troublesome to determine the decrease courtroom’s reasoning for not awarding equal parenting time.

The kid on this Lincoln County, Tennessee, case was born to unwed dad and mom in 2021.  The daddy sued to determine paternity and a DNA take a look at established that he was the organic father.  The case went to trial on the problem of visitation, and trial was held in 2022 earlier than Decide Andy Myrick, who issued an order granting the mom 229 days of parenting time and the daddy, 136 days.  The order, nonetheless, contained no findings of truth or conclusions of legislation.  The daddy appealed to the Tennessee Court docket of Appeals.

The appeals courtroom started by citing instances for the proposition that findings of truth and conclusions of legislation are required in help of orders.  The daddy’s foremost function of the attraction was that the decrease courtroom had not maximized his parenting time, as required by a Tennessee Statute.

On this case, each events had agreed that the opposite was a superb dad or mum who performed an energetic function within the youngster’s life.  In gentle of this, and the statute, the appeals courtroom discovered it troublesome to determine the decrease courtroom’s reasoning for not awarding equal parenting time. 

[T]he trial courtroom’s order accommodates no findings of truth or conclusions of legislation concerning its resolution to award Mom 229 days and Father solely 136 days of parenting time, and we discover no indication on this document that the trial courtroom’s disposition was made in consideration of the legislative intent of part 36-6-106(a)’s requirement that courts are to vogue custody preparations to maximise a dad or mum’s time with their youngster in accordance with the kid’s greatest pursuits.

For that reason, the Court docket of Appeals vacated the decrease courtroom’s order and remanded the case for the decrease courtroom to set forth its findings and conclusions.  The appeals courtroom additionally identified that whereas there was a schedule for Thanksgiving and Christmas, the decrease courtroom had did not undertake a schedule for the parenting time.

Each dad and mom requested for lawyer’s charges for the attraction, however this was denied.

No. M2022-01095-COA-R3-JV (Tenn. Ct. App. Apr. 19, 2023).

See authentic opinion for actual language.  Authorized citations omitted.

To study extra, see Baby 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 instances obtainable on Amazon.com.