Mom Sentenced to 336 Days for Parental Interference
Tennessee child custody case summary on parental interference and contempt in divorce.
Sherrie Miller Daly v. John Daly
The husband and wife in this Shelby County, Tennessee, case married in 2001 and had one child before their 2010 divorce. Under their marital dissolution agreement, the father was given flexible co-parenting time due to his travel schedule as a professional golfer.
After the divorce was final, they were back in court many times. The mother was jailed for contempt, and there were two previous appeals to the Tennessee Court of Appeals, in 2012 and 2013.
While one of the appeals was still pending, the mother asked to be named primary residential parent, and filed her own contempt petitions. The mother was found guilty of 75 counts of criminal contempt, but she was sentenced for only 37. She was sentenced to 30 days in jail, followed by 25 consecutive weekends. That sentence was upheld on the second appeal.
In 2014, the father filed a petition for breach of contract, alleging that the mother had failed to pay the mortgage. The court ordered the mother to vacate the residence and sign the property over to the husband. The Court of Appeals affirmed that judgment and remanded the case. Various contempt petitions were also filed, and trial was held in 2017. The case was heard by Judge Mary L. Wagner, who heard evidence of about 175 violations of the parenting plan. Most of these related to the mother’s failure to have the child complete school work and attend therapy appointments. She was found guilty of 35 counts and sentenced to 350 days. This was initially suspended, but she was ultimately ordered to serve 336 days. She then brought another appeal to the Tennessee Court of Appeals.
The appeals court began with a discussion of the purpose for criminal contempt. It then turned to the wife’s argument that she didn’t have proper notice of the charges. The appeals court found, however, that the petition listed each count of contempt and the facts in support. It also contained the details of the hearing and advised her of the possibility of 10 days imprisonment for each charge. It held this was sufficient.
She made other procedural arguments, such as not having the charges read or being aware of her right to counsel at all stages. But the appeals court was quick to point to the portions of the record that refuted these claims.
The mother also argued that the evidence didn’t support the conviction. The appeals court noted, however, that her misconduct was before it on the earlier appeal, and that there was ample evidence supporting the charges. The appeals court noted that the record “overwhelmingly establishes” her refusal to follow court orders.
The wife’s sole victory on the appeal was not having to pay the husband’s attorney fees. It therefore affirmed the lower court’s judgment, and also taxed the costs of appeal against the wife.
No. W2017-02549-COA-R3-CV (Tenn. Ct. App. May 26, 2020).
See original opinion for exact language. Legal citations omitted.
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