Jurisdiction Contested in Interstate Child-Custody Dispute: In re Arabella L.

Facts: Mother and Father are the parents of Child. Mother lives in Alabama, and Father lives in Tennessee. They share equal parenting time by exchanging custody every two weeks per a custody order from a Tennessee court. Three years later, Mother petitions an Alabama court to modify the Tennessee parenting plan. A week later, Father files […]

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No Home State? No Jurisdiction in Memphis, TN Child Custody Dispute: In re Devin B.

Facts: Unmarried parents moved to Texas shortly after Child was born. When their relationship ended in 2010, a Texas court entered a parenting plan and set child support. In August 2011, Father petitioned to enroll the Texas order in a Tennessee court, alleging that Child had lived in Tennessee for the six months preceding the […]

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Tennessee Will Not Enforce Grandparent Visitation Orders from Other States: Moorcroft v. Stuart

Facts: Mother and Father are the married parents of several children. Mother and Grandmother, both attorneys, worked together in Grandmother’s Kentucky law firm for several years. Their relationship began to deteriorate. Mother left Grandmother’s law firm. The relationship eventually became so acrimonious that Mother forbade Grandmother from contacting the children. Grandmother petitioned the Kentucky court […]

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Criminal Contempt Reversed in Nashville Post-Divorce Litigation: Miller v. Miller

Facts: Mother and Father divorced and agreed to Mother being the primary residential parent with Father having 115 days of parenting time. After the divorce, Mother was allowed to relocate to Wisconsin. As a result of Mother’s relocation, a new parenting schedule was agreed to that, among other provisions, required Mother to transport the children […]

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Warrant for Physical Custody of Child Vacated in Columbia, TN Custody Case: In re Joel B.

Facts: Mother lives in California. Father lives in Tennessee. Child was born in Tennessee. A few months after Child’s birth, Mother left Tennessee with Child and returned to California. Mother requested — and the California court entered — an ex parte a restraining order against Father and an ex parte order granting temporary custody of […]

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Subject Matter Jurisdiction Challenged in Memphis Post-Divorce Contempt Action: Heilig v. Heilig

Facts: Mother and Father were divorced in Memphis in 2008. While the parties had previously resided in Arlington, by the time of the divorce Mother and the children had moved to Illinois. In late 2010, Father moved from Tennessee to Pennsylvania. Several post-divorce disputes arose concerning the parenting plan, all of which the parties elected to litigate […]

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Transfer of Jurisdiction Reversed in Memphis Child Custody Case: In re Lazaria C.R.H.

Facts: Mother and Father are the unwed parents of Child. After establishing parentage of Child, Father petitioned for full custody. Father was subsequently awarded temporary visitation. While the case was pending, Mother moved with Child to Texas, where they have lived since. Father petitioned that Mother be held in contempt for failing to comply with […]

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Emergency Child Custody Change Reversed in Knoxville for Lack of Jurisdiction: Miljenovic v. Miljenovic

Facts: Mother and Father were divorced in New Jersey. The divorce decree incorporated the parties’ agreement that Mother be awarded custody of the children and allowed to relocate to Tennessee with the children. Six years later, Father sought to register the New Jersey divorce decree in Tennessee. Mother agreed. Several months later, Father petitioned to […]

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Tennessee’s Jurisdiction to Modify Child Custody When Child Has Lived Out-of-State for Over 2-1/2 Years: In re Marquise T.G.

Facts: Child was born to unmarried parents in Indiana. Mother lived with Child for the first 18 months while Father resided in Tennessee. Mother and Child moved to Tennessee when Child was 18 months old. Paternity was established in Tennessee, child support was ordered, and Father’s his visitation rights were established. Nearly a year later, […]

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