Award of Custody to Dad Not Supported
Tennessee case summary on custody in divorce.
Matthew Reyes Camacho v. Jessica Lynne Camacho
The father in this Maury County, Tennessee, case filed for divorce in 2020 when the children were about 10 and 13 years old. Initially, the trial court found that the mother should enjoy temporary custody, with the father having visitation. The final hearing was held in 2021, and the evidence focused on the father’s alcohol abuse. He reported that he had finished an inpatient rehabilitation program, but the mother testified that he remained uninvolved in the children’s lives.
Much of the testimony also involved the wife’s new romantic partner, whom the trial court called “not a good person” who had made terrible choices. The trial court named the father the primary residential parent, with the mother having visitation every other weekend. Both parties were ordered not to have guest of the opposite sex under inappropriate circumstances.
The mother then appealed to the Tennessee Court of Appeals. That court noted that the parenting plan should allow the maximum participation possible by both parents, and should be based on the statutory factors of the best interests of the children.
The appeals court held that the lower court had not properly considered all of the relevant factors. While the court is not required to specifically recite each factor, it is required to consider them. There were insufficient findings of fact to support the court’s conclusions.
Indeed, the lower court had focused on the paramour’s testimony, but he had not been a witness at the final hearing. He had testified at an earlier hearing, and the trial court had relied on its recollection of that testimony.
To remedy these defects with the lower court’s order, the appeals court held that the proper remedy was remand the case with instructions to make proper findings. The court also awarded the mother her attorney’s fees for the appeal.
No. M2021-00994-COA-R3-CV (Tenn. Ct. App. Oct. 7, 2022).
See original opinion for exact language. Legal citations omitted.
To learn more, see The Tennessee Divorce Process: How Divorces Work Start to Finish.
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