Equal Parenting Inappropriate On account of Contentious Relationship

Tennessee little one custody case abstract in divorce.

Karthik Rajendran v. Mary Florence Rajendran

The mom and father on this Sumner County, Tennessee, case had been married in 2013 and had one daughter who was born in 2015.  The daddy filed for divorce in 2017, and each events requested to be named main residential dad or mum.

The trial court docket, Decide Joe Thompson, in the end named the mom the first residential dad or mum.  Initially, the mom was granted considerably extra parenting time.  However beginning in July 2019, the events had been to have equal time on alternating weeks.  The trial court docket additionally ordered that every one main selections can be made collectively.  The mom appealed to the Tennessee Court docket of Appeals.  She argued that equal parenting time was not within the little one’s greatest curiosity, and that the trial court docket shouldn’t have granted joint resolution making authority.

The appeals court docket began by noting that trial courts have broad discretion in relation to custody issues.  Nonetheless, a call will be reversed whether it is an inaccurate evaluation of proof or depends on reasoning that causes an injustice.

The mom pointed to a lot of statutory elements the place she believed the decrease court docket had dominated erroneously.  For instance, the trial court docket had discovered that the period of time spent by every dad or mum with the kid was an element that equally favored each events.  The trial court docket had famous that the mom did, certainly, spend extra time with the kid, however discovered the issue to be equal because the father was capable of care for the kid’s wants when he did have time together with her.  She additionally took challenge with the issue involving love, affection, and emotional ties.

The appeals court docket famous that it was a detailed query on a few of these points.  There have been no particular factual findings within the document that might make clear these rulings.  Nevertheless it agreed that these elements favored the mom.

The mom additionally argued that the kid had shut relationships together with her relations, and that this issue strongly favored her.  Whereas it discovered that this challenge wasn’t essentially dispositive, the appeals court docket discovered that this challenge was related.

After sifting by means of all the statutory elements, the appeals court docket in the end concluded that 5 elements favored the mom, and that zero favored the daddy.  Whereas 4 elements had been equal, the appeals court docket discovered that the elements favoring the mom ought to have been given extra weight.

After weighing the most effective pursuits of the kid, the appeals court docket in the end concluded that an equal parenting association was not applicable.  It famous that there have been problems with distrust between the events, and the trial court docket had specified the strategies of communication for the events. 

Regardless that it famous that the mom was not fully with out blame, the Court docket of Appeals held {that a} joint parenting association was not workable.

For these causes, the Court docket of Appeals reversed the decrease court docket’s ruling and remanded the case.  The prices of the attraction had been assessed in opposition to the daddy.

No. M2019-00265-COA-R3-CV (Tenn. Ct. App. Sep. 16,  2020).

See unique opinion for precise language.  Authorized citations omitted.

To study extra, see Child Custody Laws in Tennessee.

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 instances obtainable on Amazon.com.

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