Tennessee little one custody case abstract on parental interference and contempt in divorce.

Sherrie Miller Daly v. John Daly

The husband and spouse on this Shelby County, Tennessee, case married in 2001 and had one little one earlier than their 2010 divorce.  Underneath their marital dissolution settlement, the daddy was given versatile co-parenting time as a consequence of his journey schedule as an expert golfer.

After the divorce was last, they had been again in courtroom many instances.  The mom was jailed for contempt, and there have been two earlier appeals to the Tennessee Court docket of Appeals, in 2012 and 2013.

Whereas one of many appeals was nonetheless pending, the mom requested to be named major residential guardian, and filed her personal contempt petitions.  The mom was discovered responsible of 75 counts of legal contempt, however she was sentenced for less than 37.  She was sentenced to 30 days in jail, adopted by 25 consecutive weekends.  That sentence was upheld on the second attraction.

In 2014, the daddy filed a petition for breach of contract, alleging that the mom had didn’t pay the mortgage.  The courtroom ordered the mom to vacate the residence and signal the property over to the husband.  The Court docket of Appeals affirmed that judgment and remanded the case.  Varied contempt petitions had been additionally filed, and trial was held in 2017.    The case was heard by Decide Mary L. Wagner, who heard proof of about 175 violations of the parenting plan.  Most of those associated to the mom’s failure to have the kid full faculty work and attend remedy appointments.  She was discovered responsible of 35 counts and sentenced to 350 days.  This was initially suspended, however she was finally ordered to serve 336 days.  She then introduced one other attraction to the Tennessee Court docket of Appeals.

The appeals courtroom started with a dialogue of the aim for legal contempt.  It then turned to the spouse’s argument that she didn’t have correct discover of the fees.  The appeals courtroom discovered, nevertheless, that the petition listed every depend of contempt and the info in assist.  It additionally contained the small print of the listening to and suggested her of the potential of 10 days imprisonment for every cost.  It held this was adequate.

She made different procedural arguments, similar to not having the fees learn or being conscious of her proper to counsel in any respect levels.  However the appeals courtroom was fast to level to the parts of the document that refuted these claims.

The mom additionally argued that the proof didn’t assist the conviction.  The appeals courtroom famous, nevertheless, that her misconduct was earlier than it on the sooner attraction, and that there was ample proof supporting the fees.  The appeals courtroom famous that the document “overwhelmingly establishes” her refusal to observe courtroom orders.

The spouse’s sole victory on the attraction was not having to pay the husband’s legal professional charges.  It subsequently affirmed the decrease courtroom’s judgment, and in addition taxed the prices of attraction in opposition to the spouse.

No. W2017-02549-COA-R3-CV (Tenn. Ct. App. Could 26,  2020).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Modifying Custody & Parenting Plans.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and little one assist worksheets from actual circumstances accessible on Amazon.com.

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