Dad Gets Custody After Finding of Greater Emotional Fitness
Tennessee child custody case summary on custody and alimony after 12 years married in divorce.
The husband and wife in this Rutherford County, Tennessee, were married in 2005, and had two children, ages 9 and 11. The husband worked for the TVA and had a monthly income of about $9,000 per month. The wife was mostly a stay-at-home mother, but worked outside the home occasionally.
The wife filed for divorce in 2017, alleging irreconcilable difference and inappropriate marital conduct. She had previously sought an order of protection, and the two cases were consolidated. After trial, the court ordered transitional alimony of $1,000 per month for six months, followed by an additional $500 per month for another six months. The husband was named the primary residential parent, with 233 days of parenting time. The mother received 132 days per year of parenting time. The mother then appealed to the Tennessee Court of Appeals.
The appeals court first turned to the issue of alimony. The wife argued that she should have received $1,000 per month for four years. The trial court had found that the wife had minimal debt and the education necessary to earn a steady income, since she had an online degree in marketing.
The trial court had also looked at the property award, and noted that the wife had received the unencumbered marital residence, as well as over $100,000 in pension and 401K benefits. It pegged her monthly need at $1,447, and concluded that the transitional alimony would allow her to quickly achieve this amount. After examining the evidence, the appeals court agreed and affirmed the alimony award.
The appeals court next turned to parenting time. The wife argued that the parenting time should have been divided equally. The trial court had appointed a special master who had made a report, and the appeals court reviewed the relevant findings. In particular, the lower court had found that the husband had greater emotional fitness as a parent, and took this factor into account.
The wife, on the other hand, argued that she was being “punished” by having less parenting time, but the appeals court noted that the mother did not make the argument that more parenting time was in the children’s best interest.
Both parties asked for their attorney’s fees in the appeal, but the court denied both requests.
For these reasons, the Court of Appeals affirmed the lower court’s decision.
No. M2018-00759-COA-R3-CV (Tenn. Ct. App. May 13, 2019).
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 examples of parenting plans and child support worksheets from real cases available on Amazon.com.
