Custody Order Tossed For Inside Inconsistency as to Variety of Days Awarded

Tennessee baby custody case abstract on parenting time in divorce.

Amanda N. Burnett v. Aaron L. Burnett

The court docket acted correctly in granting the daddy 90 days parenting time per 12 months.

The husband and spouse on this Anderson County, Tennessee, case have been married in 2010 and had three kids.  They have been divorced in 2020, at which period the court docket entered its everlasting parenting plan, which was the plan submitted by the spouse.  Below that plan, the spouse was named the first residential mother or father, with the husband granted 90 days per 12 months of co-parenting time.  The day-to-day schedule within the plan, nonetheless, solely offered about 63 days per 12 months.

The husband appealed to the Tennessee Court docket of Appeals, elevating numerous points, together with the everlasting parenting plan.  After addressing the property and alimony points, the appeals court docket turned to the everlasting parenting plan.  The court docket listed the statutory components relating to custody, and turned to the decrease court docket’s software of these components.  Particularly, the decrease court docket famous that the spouse had carried out the vast majority of parenting tasks.  Actually, the decrease court docket had gone additional and famous that the husband had beforehand proven an incapability or unwillingness to offer, corresponding to withholding entry to marital funds for groceries and clothes.

The decrease court docket additionally cited the husband’s use of cocaine in the course of the marriage.  The appeals court docket reviewed the proof and concluded that it supported the decrease court docket’s findings.  Subsequently, it held that the decrease court docket acted correctly in granting the daddy 90 days parenting time per 12 months.

However the appeals court docket 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 court docket vacated the schedule and remanded the case.

At one level, the husband had been discovered responsible of prison contempt for allegedly discussing the case with a witness.  The spouse conceded that this ruling was misguided, after the husband identified that the alleged dialog with a witness occurred earlier than he was instructed to not.  Accordingly, the appeals court docket reversed this discovering.

The Court docket of Appeals then remanded the case to the decrease court docket.

No. E2021-00900-COA-R3-CV (Tenn. Ct. App. Dec. 7, 2022).

See unique opinion for precise language.  Authorized citations omitted.

To be taught extra, see Baby Custody Legal guidelines in Tennessee and our video, How is baby 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 baby assist worksheets from actual circumstances obtainable on Amazon.com.