TN Maintains Child Custody Jurisdiction Even After Child Moves to GA

Tennessee child custody modification case summary on jurisdiction and UCCJEA.

Christopher Michael Parker v. Courtney Williams Parker

The child in this Bedford County, Tennessee, case was born in 2008, and the parents divorced in 2009.  The mother was named primary residential parent with 310 days per year of parenting time, and the father received 55 days.  In 2010, the father’s parenting time was increased to 86 days.

In 2011, the mother filed a petition for criminal contempt, alleging that the father had violated the parenting plan.  No further action was taken, but the father filed a petition for contempt two years later.  The court consolidated the two petitions, and a trial was held before Judge Franklin L. Russell.

The trial commenced in 2014, but was continued until a later date.  About a year later, the mother filed a motion for change of venue.  She asserted that she and the child resided in Georgia, and that the jurisdiction was properly in Georgia.  A hearing was held, and Judge Russell denied the motion.  The trial continued, and the court found the mother in contempt for interfering with the father’s visitation.  It also found a material change of circumstances which warranted a change in the parenting schedule.  The father was awarded 120 days per year parenting time, and the mother was ordered to pay the father’s attorney’s fees of almost $25,000.

The mother appealed to the Tennessee Court of Appeals.  She argued that the change of venue motion should have been granted since the Tennessee court lacked subject matter jurisdiction.

The appeals court noted that a Tennessee court has jurisdiction to modify a previous order, but that this jurisdiction can be lost if the child no longer lives in the state.  The court cited the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).

However, the mere fact that the child lives outside the state does not end the inquiry.  The Tennessee court retains jurisdiction if substantial evidence and connections remain in the state.  The court noted that the inquiry is very fact intensive, and examined some previous precedents.

In this case, the father exercised visitation in Tennessee, the child participated in sports in Tennessee, and she was enrolled in a Tennessee health plan.  In addition, most of the evidence in the case was in Tennessee.  For these reasons, the Court of Appeals held that the state maintained jurisdiction.

The Court of Appeals also held that the forum was appropriate as being convenient.

After addressing these jurisdictional issues, the Court of Appeals examined the evidence and quickly affirmed the visitation and contempt rulings.

No. M2017-01503-COA-R3-CV  (Tenn. Ct. App. Mar. 1, 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.