Finding of No Material Change Reversed in Nashville, Tennessee Child-Custody Change: In re Jonathan S. jr.

Facts: Mother and Father, the parents of Child, never married, and their relationship ended several months after Child was born. Several years later, they entered an agreed parenting plan that allowed Father to have parenting time one weekend per month and for extended periods during school holidays. By then, Mother was married and living in […]

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Not Enough Parenting Time in Loudon County, TN Divorce: Neveau v. Neveau

Facts: Father and Mother married five months before Child was born. After Child was born, Mother served as the primary caregiver. Father showed little interest in interacting with and had little involvement with Child. A few years after Child’s birth, Father relocated to Illinois. Mother remained in Tennessee. A divorce action began shortly thereafter. While […]

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ADR Commission Says Family-Law Mediators Cannot Prepare Legal Documents, Even When the Parties Don’t Have Lawyers

The Tennessee Alternative Dispute Resolution (ADR) Commission was recently presented with the following question: Is drafting a marital dissolution agreement or other legal document for presentation to the court by a Neutral in a mediation setting considered “participation as attorney” or is it considered an appropriate memorialization of a settlement agreement under Rule 31? On […]

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Change of Child Custody Reversed in Nashville, TN Parenting Plan Modification Dispute: In Re Braylin D.

Facts: Mother and father are the never-married parents of Child. A parenting plan was entered designating Mother as the primary residential parent and granting Father 103 days of parenting time. Several years later, Father petitioned to modify the parenting plan. Mother counter-petitioned to modify the parenting plan. The trial court heard proof that both parties […]

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Supervised Parenting Time, Paramour Clause, and Everything Else Reversed in Meigs County, TN Divorce: Mashburn v. Mashburn

Facts: Mother and Father, the parents of one child, divorced after six years of marriage. Mother reported witnessing behavior from the child that led her to be believe Father may have sexually abused the child. The proof showed the Department of Children’s Services conducted a full investigation and determined Mother’s allegations to be unfounded. The […]

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Finding of No Material Change Reversed in Clarksville, TN Parenting Plan Modification: Wilkerson v. Wilkerson

Facts: Mother and Father, the parents of three children, divorced in 2009. Mother was designated the primary residential parent. Father received 90 days of parenting time. In 2012, Mother petitioned to modify the parenting schedule because Father had moved to Texas. Father responded with a counter-petition requesting a change of custody. At trial, both parties […]

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Parent Education Seminar Not a Precondition to Modification of Parenting Plan in Greeneville, TN Child Custody Litigation: Hawk v. Hawk

Facts: Mother and Father married in 2009 and had one child. They divorced in September 2013. An agreed parenting plan was entered in December 2013 awarding 210 days of parenting time to Mother and 155 days to Father. Much post-divorce litigation ensued. Of interest here is Mother’s petition to modify the parenting plan to reduce […]

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Substantial Restrictions on Parenting Time Affirmed in Murfreesboro, TN Divorce: Thompson v. Thompson

Facts: Mother and Father are the parents of Child. In this short marriage, Mother filed for divorce four months after Child’s birth. Father proposed a parenting plan that provided for equal parenting time. Mother proposed that Father’s parenting time be limited to daytime visitation until Child reached three years of age, followed by one overnight […]

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Temporary Parenting Plan Made Permanent in Chattanooga, TN Divorce: Rigsby v. Rigsby

Facts: After 20 years of marriage, Mother and Father entered into a marital dissolution agreement (“MDA”) and agreed temporary parenting plan. In December 2013, the trial court entered a final decree of divorce, incorporating the MDA and the agreed temporary parenting plan with the stipulation that the parties would submit a permanent parenting plan in […]

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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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Does a Child’s Best Interest Constitute a Material Change of Circumstances?: Canada v. Canada

Facts: Mother and Father are the divorced parents of two children. When they divorced, the trial court entered an agreed permanent parenting plan granting equal parenting time to each parent on an alternating week basis but designated Mother the primary residential parent of both children. Years later, the relationship between Mother and Daughter became strained, […]

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