Misapplication of Parental Relocation Statute OK in Jackson, TN Child Custody Case: Dayhoff v. Cathey

Facts: Mother and Father are the unmarried parents of two children. After parentage was established, Father sought equal parenting time. Mother sent Father a notice of her intent to relocate with the children to the Nashville area. The letter told Father that Mother had accepted “an opportunity for advancement” with her employer. Father filed a petition […]

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Child Custody Agreement Vacated for Lack of Factual Findings in Savannah, TN: Stricklin v. Stricklin

Facts: Mother and Father divorced after 12 years of marriage. The parenting plan awarded Father 150 days of parenting time “on all his days off.” Not surprising, such vague language proved problematic. Mother later moved to modify the parenting plan to specifically designate Father’s parenting time. After a break in the hearing on Mother’s motion, the […]

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Despite Material Change, Change of Custody Not in Child’s Best Interest in Brentwood: Zahn v. Logan

Facts: When Mother and Father divorced, they entered an agreed parenting plan designating Mother as the primary residential parent of Child and awarding Father 100 days of parenting time. Five years later, Father petitioned to modify the parenting plan and change custody. Father alleged a long list of material changes of circumstance, including his claim […]

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Termination of Parental Rights Reversed in Gallatin: In re William T.H.

Facts: Child was born when Mother and Father were teenagers in high school. Mother and Child lived with Mother’s parents after Child was born, and Father lived with his parents. They never sought the court’s assistance with setting child support or visitation. Father was a regular presence in Child’s life for the first three years, […]

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Child’s Best Interest Loses to Tennessee’s Shameful Discrimination Against Same-Sex Partners: In re Hayden C. G-J.

Facts: Jennifer J. and Jennie G. were in a romantic and committed relationship for approximately fourteen years. They held themselves out as a couple to family and friends. They desired to co-parent a child together and, in August 2006, Jennifer found out that two friends were expecting a child and wanted to place the child for […]

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Tennessee Supreme Court Changes Standard for Material Change of Circumstances When Modifying Parenting Schedule: Armbrister v. Armbrister

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 alleging that he had moved, remarried, and his work schedule had changed after he went into business for himself, which freed […]

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No Reasonable Purpose for Parental Relocation in Kingsport Child Custody Dispute: Thorneloe v. Osborne

Facts: Mother and Father, parents of two children aged 10 and 7, divorced. Mother was designated the primary residential parent. Father, who lived 75 miles away, received 100 days of parenting time. Years later, both parties remarried. Mother’s new husband lived in Wisconsin. Mother notified Father of her intent to relocate the children to Wisconsin, […]

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Joint Custody and Decision-Making Modified in Winchester After Divorce: Smart v. Smart

Facts: Mother and Father, the parents of one child, divorced in 2007. Their parenting plan provided for joint custody whereby each party was awarded equal time with Child. In 2011, Mother petition to modify the parenting plan because she did not believe the joint custody arrangement was working well for Child or the parties. The […]

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Parenting Schedule Reversed in Murfreesboro Divorce: McDaniel v. McDaniel

Facts: Mother and Father are the parents of two children. They divorced after eight years of marriage. The trial court found that both parents were able and loving parents and active in the children’s lives and that they provided consistent and quality care to the children. The court also found that all but two of […]

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Parental Relocation is Material Change in Clarksville Divorce: Iman v. Iman

Facts: Mother and Father, the parents of one child, were divorced in 2011. While the divorce was pending, Father moved to Florida. After the trial, the trial court designated Father as the primary residential parent in December 2011. Child was to remain in Tennessee with Mother to complete the rest of the school year before moving […]

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Joint Decision Making Changed to Sole Decision Making in Brentwood Post-Divorce Matter: Hayes v. Pierret

Facts: After eight years of marriage, these parents of two children were divorced. Mother was designated the primary residential parent. Father received 114 days of visitation. Mother and Father began exhibiting hostility toward one another immediately after the divorce. They engaged in drawn-out and heated disagreements over everything from whether they could park in one […]

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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, Father remained a resident of New Jersey and Mother lived in Tennessee. Nearly a year later, when Child was six months old, Mother filed for divorce. The […]

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