IN THE MATTER OF: ANTHONY J. H. - Articles

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Posted by: Tanja Trezise on Oct 24, 2012

Court: TN Court of Appeals

Attorneys 1:

Jonathan Lionel Stein, Brentwood, Tennessee, for the appellant, Kanina Y. Hazlett.

Attorneys 2:

Stephanie J. Williams, Nashville, Tennessee, for the appellee, Samuel L. Howard.

Judge(s): COTTRELL

This case involves a petition filed in the Davidson County Juvenile Court to change custody of a minor child from his father to his mother. The Juvenile Court Magistrate conducted an extensive hearing, and ruled at the conclusion of the proof that there had been a material change of circumstances, but that it was in the child’s best interest that the father remain the child’s primary residential parent. The mother filed a timely request for a re-hearing before the Juvenile Court Judge. She appeared pro se at the de novo hearing, and did not present any witnesses or any proof. The Juvenile Court Judge declared that no material change of circumstances had been proved, but that the magistrate’s order should be affirmed. Because we cannot reconcile the internal inconsistencies in the Juvenile Court’s order, we vacate that order.

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