After Korean Divorce, Father Maintains Custody

Tennessee child custody modification case summary.

TN Dad Gets Custody After Korean Divorce

Latonya Denise Hall v. Sammie Lee Williams, III

The mother and father in this Montgomery County, Tennessee, case were married in 2003 and had two children before their 2007 divorce in Seoul, Korea, while stationed there in the Army.  The mother was named the primary residential parent.  After the father returned to the U.S., the children resided with him by the agreement of the parties.  But when the mother came to retrieve the children in 2016, the father refused.  The mother then went to court in Tennessee to register the foreign judgment and to modify it.  While the case was pending, the mother was again sent to Korea, and they parties agreed that the children would temporarily remain with the father.

The case was heard by Judge Ted A. Crozier, who determined that there had been a material change of circumstances requiring a modification of the prior order.  The court named the father the primary residential parent, with the mother having 100 days of parenting time per year.  The mother then appealed to the Tennessee Court of Appeals.

In an opinion penned by Judge John W. McClarty, the Court of Appeals issued its decision affirming the lower court.  The mother argued that the father had hampered her relationship with the children, and that this should have been the deciding factor in making the custody decision.  The appeals court noted that such decisions are factual.  Therefore, much deference must be given to the lower court’s resolution.  The appeals court reviewed the statutory factors and concluded that the lower court had properly applied them.  It did, however, admonish the father that he must cooperate in communications between the mother and children.

The father also appealed the lower court’s decision to award one income tax exemption to him, and the other to the mother.  Under the facts of the case, the appeals court held that this was proper.

After addressing attorney’s fees, the Court of Appeals affirmed the lower court’s decision and remanded the case.

No. M2018-01738-COA-R3-CV (Tenn. Oct. 4, 2019).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.

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.