Affectionate & Stable Tennessee Dad Wins Primary Residential Parent
- At July 18, 2013
- By Miles Mason
- In Child Custody, Home
- 0
Tennessee law case summary of a custody battle in divorce and family law from the Court of Appeals.
Courtney Anne Thompson v. Robert Harrison Thompson, III – Tennessee divorce residential parent
Husband and wife were married in 2002, and their daughter was born in 2009. The mother had a degree in social work and testified that her career in that field was very important to her. The father worked for an engineering company and earned about $83,000 per year with a great deal of flexibility in his scheduling. In 2010, the parties were divorced, and approved a temporary parenting plan in which the mother and daughter remained in the family home. The father was granted parenting time from Thursdays through Sundays. In 2011, the trial court held a hearing on the final parenting plan.
The trial court adopted a permanent parenting plan naming the husband as the primary residential parent. It found that both parents were fit and loved the child, but that they had very different personalities. The wife appealed to the Tennessee Court of Appeals.
That Court of Appeals noted that it was required to affirm the trial court’s finding unless it had applied an incorrect legal standard, or reached a decision that was against logic.
The wife argued that the trial court’s decision was “against logic,” but the Court of Appeals disagreed. It noted that the trial court had made very thorough findings of fact. It took note of the fact that the husband was more openly affectionate toward his daughter, and for this reason, the daughter had more emotional ties to him.
The Court of Appeals also found that continuity was a very important factor in this case. While the wife planned to move to a different city, the husband’s plans were to remain in the same area. They also noted that his own ties with his family were very stable.
The Court of Appeals thus concluded that it was in the child’s best interests to have the husband named as the primary residential parent. Therefore, it affirmed the trial court’s ruling.
No. M2011-02438-COA-R3-CV (Tenn.Ct. App. Oct. 24, 2012).
See original opinion for exact language. Legal citations omitted.
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