Wednesday, January 11, 2023
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Most Participation Doable in Tennessee Custody Legislation

Most Participation Doable

Miles Mason, Sr. feedback on Most Participation Doable in Tennessee custody legislation.

Commentary from Miles Mason, Sr.

Tennessee Code Annotated Part 36–6–106(a) offers in pertinent half:

In making an allowance for the kid’s finest curiosity, the courtroom shall order a custody association that allows each mother and father to benefit from the most participation doable within the lifetime of the kid in step with the components set out in subdivisions (a)(1)—(10), the situation of the residences of the mother and father, the kid’s want for stability and all different related components. (Emphasis added.)

So, what does “Most Participation Doable” truly imply?  Your guess is nearly as good as mine.  When this modification to the statute got here out, we known as one of many invoice’s legislative sponsors.  We requested.  He confirmed there was no legislative historical past or particular intent mentioned by the Tennessee Legislature.  I commented, “that’s kinda imprecise.”  The legislator agreed.

We’ve got no legislative historical past.  We’ve got no explicit instruction or ideology from the Court docket of Appeals on how they interpret this a part of the statute.  They’ve checked out every case and form of stated, that’s sufficient parenting time or it isn’t.  At a minimal, from Neveau, linked beneath, we do know that 66 days of parenting time didn’t enable the daughter to develop an in depth relationship along with her father and paternal grandmother.  This was a long-distance parenting case, although.

Listed below are 5 instances discussing Most Participation Doable (not an exhaustive record, by the best way).  In your comfort, I’ve included within the case summaries bolded quotes from Court docket of Appeals utilizing that phrase.

  1. Sarah Nichole Neveau v. Adam Paul Neveau
  2. Wendi Natasha Prepare dinner v. Bryan David Prepare dinner
  3. Kacy Collums Davis v. Richard E. Davis, Jr.
  4. Matthew Lee Wheeler v. Alethia Danielle Wheeler
  5. Travis Daniel Woolbright v. Lee Anna Woolbright

Every other concepts from Tennessee household legal professionals?  If that’s the case, shoot me an e-mail and let me know your ideas.

Thanks to Smart Rudolph, Legislation Clerk, MMFLG, for analysis and help.



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