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New Child Custody Legislation in Tennessee for 2012
The 2012 legislative session was rather uneventful for Tennessee family law attorneys (which is almost always a good thing, in my opinion). There was only one legislative change that I believe is...
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Relocation Not in Child’s Best Interest: Nasgovitz v. Nasgovitz
Facts: After nine years of marriage, Father and Mother divorced. They have one daughter. Throughout the marriage, they lived in Rutherford County, Tennessee. Prior to the trial, Mother asked the court...
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Finding of Material Change of Circumstances Reversed 2-1 in Tennessee Child...
Facts: The parties were divorced in 2009. The Permanent Parenting Plan had Mother caring for the children for 280 days to Father’s 85 days. In 2011, Father filed a motion to modify the parenting plan...
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Primary Residential Parent Designation at Issue in Tennessee Divorce: Henson...
Facts: The parties, parents of two minor children, divorced after a 23 year marriage. They entered into a temporary parenting plan designating Mother as the primary residential parent. At trial, the...
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Parental Alienation and Persistent Claims of Sexual Abuse Leads to Change of...
Facts: Mother and Father were never married. They lived together, had a child, and separated when Child was 3.5 years old. After what the Court described as a “highly contentious” trial lasting seven...
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Temporary Parenting Arrangement Leads to Change of Custody in Tennessee:...
Facts: Mother and Father are the never-married parents of Child. Mother was the primary residential parent. Long after after their separation, Mother asked Father to take care of Child for a few weeks...
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Termination of Parental Rights Reversed in Tennessee: In re Emilie A.M.
Facts: Child was born out of wedlock. Eighteen months later, Father was sentenced to six years imprisonment for various crimes. A few months later, Child was removed from Mother’s care and declared...
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Equal Parenting Time Consistent With Tennessee “Maximum Participation”...
Facts: Child was born to Mother and Father in 2007. Mother and Father lived together with Child until their separation in 2011. The trial court subsequently established Father’s paternity, named Father...
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Grandparent Prevails Over Parent in Tennessee Child Custody Dispute: Mook v....
Facts: After a short marriage notable for domestic violence, the parties divorced. Mother was named the primary residential parent of Child, and Father was awarded visitation. A few years later, Mother...
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Failure to Encourage Relationship Between Child and Other Parent Leads to...
Facts: Mother and Father are the never-married parents of two children. In 2005, the trial court entered a parenting plan designating Father as the primary residential parent. In 2007, the court...
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“Standard” Parenting Schedule Reversed in Tennessee Divorce: Strickland v....
Facts: After five years of marriage, Father filed for divorce. Thereafter, a protracted period of litigation ensued that lasted almost 3-1/2 years until trial. Among the other evidence presented at...
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Post-Divorce Parental Relocation Reversed in Memphis: Toyos v. Hammock
Facts: Child was born in Memphis to unmarried parents. A subsequent paternity test confirmed Father’s paternity. Mother was named the primary residential parent, and Father was awarded 90 days of...
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Failure to Promote Relationship With Other Parent Leads to Loss of Child...
Facts: Child was born to unmarried Mother and Father. Father filed a Petition to Establish Paternity in which he asserted that he had voluntarily supported Child and had emotionally bonded with her,...
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Father Awarded Custody and Allowed to Relocate in Murfreesboro Divorce: Port...
Facts: The parties married in 2009 in their home state of North Carolina, where all of their extended family members live. Soon thereafter, they moved to the Nashville area because Mother wanted to...
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Failure to Adhere to Parenting Plan is Material Change of Circumstances in...
Facts: When Mother and Father divorced, the agreed parenting plan designated Father as the primary residential parent of Child and did not allow for Mother to have any visitation. Despite the parenting...
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Change of Child Custody Reversed in Crossville Post-Divorce Dispute: Garrett...
Facts: The parties divorced with a parenting plan that equally split parenting time but designated Mother as the primary residential parent. Shortly thereafter, Mother enrolled the children in a school...
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Equal Parenting Time Rejected in Johnson City Divorce: Pandian v. Rodriguez
Facts: Mother and Father, both psychiatrists, married in 1998 and have two children. They divorced after 14 years of marriage. Proof at trial showed the older son suffers from speech delay, has a lot...
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Gallatin Court Refuses to Change Child’s Last Name: Carroll v. Corcoran
Facts: Mother and Father, who were never married, each filed petitions to establish paternity of Child, establish a parenting plan, and set child support. Father also requested that Child’s last name...
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Failure to Change Child Custody Reversed in Livingston Post-Divorce Matter:...
Facts: Mother and Father, the parents of one child, divorced in June 2005. Mother was designated the primary residential parent. Six years later, Child – now 10 years old — began telling Father that...
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Child Custody Reversed in Clarksville Divorce: Ward v. Ward
Facts: Father lived in New Jersey and Mother in Tennessee. After a brief long-distance relationship, Mother became pregnant. They married. After eight weeks of discord, they separated. Thereafter,...
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