Robert Lee Melvin v. Wendy Ann Melvin
415 S.W.3d 847
| Tenn. Ct. App. | 2011Background
- Marital dissolution between Robert L. Melvin and Wendy A. Melvin; two children involved; Mrs. Melvin relocated with children to a Giles County farm in 2005 after work move; a daughter died in 2005; divorce actions filed in 2007, with Wilson and Giles County courts involved; final decree (2010) designated Ms. Melvin as primary residential parent and awarded no visitation to Mr. Melvin, plus property division and attorney’s fees; appellate court reversed in part, remanded to establish visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody vs. visitation denial | Melvin seeks visitation or shared custody. | Melvin’s visitation denied due to harm and risk to children. | Reversed regarding denial of visitation; remanded for visitation schedule. |
| Equitable division of marital property | Dispute over land classification and share of appreciation; argues improper valuation. | Property awarded by trial court is equitable; challenges valuation and marital share. | Affirmed property division. |
| Attorney’s fees award | Fees were overstated/unsupported by need or ability to pay. | Ms. Melvin needed fees; Melvin able to pay; no abuse of discretion. | Affirmed attorney’s fees award. |
Key Cases Cited
- Eldridge v. Eldridge, 42 S.W.3d 82 (Tenn. 2001) (custody decisions treated with broad discretion; best interests/fitness analysis)
- Suttles v. Suttles, 748 S.W.2d 427 (Tenn. 1983) (public policy favoring visitation where appropriate)
- In re Z.A.W., No. W2005-01956-COA-R3-JV, 2006 WL 1627180 (Tenn. Ct. App. 2006) (regarding visitation and parental conflict (WL not official reporter; omitted))
- Ingram v. State, 331 S.W.3d 746 (Tenn. 2011) (de novo review standard; law applied to facts)
- Robertson v. Robertson, 76 S.W.3d 337 (Tenn. 2002) (equitable division requires fair result; great deference to trial court)
- Batson v. Batson, 769 S.W.2d 849 (Tenn. Ct. App. 1988) (factors for division of marital property; discretionary review)
- Sullivan v. Sullivan, 107 S.W.3d 507 (Tenn. Ct. App. 2002) (great deference to trial court on property division and related awards)