TN Father Bound By Parenting Plan Agreed to in Court

Tennessee child custody case summary on settlement in divorce.

Dana Jo Stricklin v. Jerone Trent Stricklin

The mother and father in this Tennessee case were divorced in 2009 after 12 years of marriage.  They had one child, and the final decree incorporated a permanent parenting plan agreed to by the parties.  In 2013, the mother made a motion to modify the parenting plan and increase the father’s child support obligation.  A hearing was held in 2014, and at a recess, the mother’s attorney announced that the parties had agreed to a new plan.  The mother was to remain the primary residential parent, with the father being given specified days.  The father’s attorney announced that he was in agreement.

A couple of months later, the father, with a new attorney, filed a motion to set aside the earlier order.  He stated that his previous attorney had told him that if he didn’t agree to the modifications, the trial court would do so anyway.  He stated that he was not happy with the purported agreement, and that he had not actually agreed to it, despite his attorney’s statement to the contrary.

The trial court denied this request to reopen the case, and the father appealed to the Tennessee Court of Appeals.

The Court of Appeals took a close look at the proceedings, and determined that the father’s claim that he did not consent to the agreement was without merit.  The agreement was stated in very specific terms, and the father was present in the courtroom when it was announced and made no attempt to object.  Instead, his attorney announced agreement, in full hearing of the father.  The trial court had stated “I’m glad that y’all were able to work this out for the best interest of the child,” and the father made no indication that he did not agree.

The appeals court also noted that the trial court had specifically found that the new agreement was in the best interests of the child, and could be enforced for that reason even if the father hadn’t agreed to it.

The Court of Appeals remanded the case, however, to determine whether sufficient evidence existed upon which the trial court could have made a best interests determination and for that to be placed into the record.  No particular formality for that hearing was prescribed.

No. W2015-00538-COA-R3-CV (Tenn. Ct. App. Sep. 21, 2015).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws in Tennessee.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases available on Amazon.com.