In Re: Autumn B.
E2017-00019-COA-R3-JV
| Tenn. Ct. App. | Dec 19, 2017Background
- Mother (Cintia L. C.) and Father (Jacob K. B.) are unmarried parents of a child born September 17, 2015; parties separated in December 2015.
- After separation Mother obtained an ex parte restraining order (later dismissed) and withheld the child from Father for about four weeks; Father filed for custody January 13, 2016.
- Parties mediated January 18, 2016 and agreed to limited supervised visits pending litigation; Magistrate later recommended designating Father primary residential parent and adopted Father’s proposed parenting plan.
- Mother obtained a de novo rehearing in juvenile court; the court conducted a three-day hearing and issued a detailed best-interest analysis under Tenn. Code Ann. § 36-6-106, designating Father primary residential parent but splitting parenting time roughly equally.
- Mother appealed the designation; Father requested appellate attorney’s fees as sanctions for a frivolous appeal.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether trial court erred designating Father primary residential parent | Court misweighed § 36-6-106 factors (esp. (2), (5), (9)); Mother was primary caregiver and did not intend to deny visits | Trial court properly applied best-interest factors and permissibly weighed Mother’s withholding of the child, unannounced visits, and sibling interaction concerns | Affirmed: juvenile court’s findings not preponderated against; designation of Father and equal parenting time upheld |
| Whether appeal is frivolous and warrants appellate attorney’s fees under Tenn. Code Ann. § 27-1-122 | Appeal was proper contest of factual findings | Appeal was frivolous; Father sought fees | Appellate court deemed appeal frivolous and remanded to juvenile court to determine fee amount (declined to set amount itself) |
Key Cases Cited
- Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993) (standards for appellate review of nonjury findings)
- Campbell v. Florida Steel, 919 S.W.2d 26 (Tenn. 1996) (conclusions of law receive no presumption on appeal)
- Koch v. Koch, 874 S.W.2d 571 (Tenn. Ct. App. 1993) (trial courts afforded wide discretion in custody determinations)