TBALink Opinion-Flash

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Lucian T. Pera
Editor-in-Chief, TBALink

MICHAEL ALLEN LANCE
VS.
TINA GAYLE LANCE

Court:TCA

Attorneys:   

For Plaintiff/Appellant:        For Defendant/Appellee:

Clark Lee Shaw                  F. Dulin Kelly
Nashville, Tennessee            Andy L. Allman
                                Clinton L. Kelly
                                Hendersonville, Tennessee                       

Judge:KOCH

First Paragraph:

This appeal involves the custody of a five-year-old-girl.  After three
and one-half years of marriage, the father filed a divorce petition in
the Circuit Court for Sumner County requesting custody of the parties'
only child.  The mother did not contest the divorce but sought custody
of the parties' child.  Following a bench trial, the trial court
declared the parties divorced and awarded custody to the mother.  The
father asserts on this appeal that he should have been awarded the
divorce and that he is comparatively more fit than the mother to have
custody.   We affirm the award of custody to the mother but remand the
case with directions to modify the judgment to award the divorce to
the father on the ground of inappropriate marital conduct.

URL:http://www.tba.org/tba_files/TCA/lancema_opn.WP6

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