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Tennessee youngster custody modification case abstract.

Jacob Daniel Drucker v. Colleen Erin Daley

Dad Will get Modified Custody and Equal Parenting Time of Daughter

The mom and father on this Rutherford County, Tennessee had one daughter, who was born in 2008.  They agreed to a parenting plan, and in 2009, the courtroom entered an order incorporating that plan.  The mom was named the first residential dad or mum.

In 2018, the daddy returned to courtroom asking for modification of the custody provisions.  He alleged that there had been a considerable and materials change in circumstances for numerous causes.  First, he identified that the mom and youngster had moved nearer than on the time of the unique order.  Whereas they had been three hours away when the unique order was made, they now lived lower than a mile from him.  The daddy additionally alleged that the mom was exploiting the kid on social media.  The case was tried in early 2019 earlier than Choose Adam Dodd.

The daddy pointed to an Instagram account within the daughter’s identify utilizing the daughter’s photos.  He identified that there have been over 10,000 followers of this account, together with at the least one in all which included pornographic content material.  Whereas the mom blocked this follower, she didn’t take down the account.

After listening to the proof, the trial courtroom famous that each mother and father had been good folks and had good properties, and that the case was very nicely suited to equal parenting time.  For that purpose, the courtroom granted the daddy’s petition and awarded each mother and father equal parenting time.

The mom then filed an enchantment with the Tennessee Court docket of Appeals.

The appeals courtroom famous that in a case involving change of custody, there may be all the time a two-step course of.  First, the courtroom should make a discovering of modified circumstances.  Then, it should resolve what’s within the youngster’s greatest curiosity.

On this case, the decrease courtroom had discovered a change of circumstances based mostly upon the mom’s transfer, in addition to modified wants because of the youngster’s age.  The appeals courtroom fastidiously analyzed the proof and held that the proof supported the decrease courtroom’s findings.  Subsequently, it affirmed this a part of the decrease courtroom’s ruling.

The appeals courtroom then turned to the statutory components used to research the kid’s greatest pursuits.  As soon as once more, the appeals courtroom held that the decrease courtroom had made findings on this problem, and that the proof supported them.

For these causes, the Court docket of Appeals affirmed the judgment of the decrease courtroom and assessed the prices of enchantment in opposition to the mom.  The appellate courtroom’s opinion was authored by Choose Andy D. Bennett.

No. M2019-01264-COA-R3-JV (Tenn. Ct. App. Nov. 25,  2020).

See authentic opinion for precise language.  Authorized citations omitted.

To study 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 youngster assist worksheets from actual instances obtainable on Amazon.com.

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Dad Will get Modified Custody and Equal Parenting Time of Daughter