STEPHANIE LAWSON MILLER v. STEPHEN LEE MILLER - Articles

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Posted by: Brittany Sims on May 30, 2013

Head Comment: With dissenting opinion

Court: TN Court of Appeals

Attorneys 1:

J. Terry Holland, Knoxville, Tennessee, for the appellant, Stephanie Lawson Miller.

Attorneys 2:

John E. Eldridge, Knoxville, Tennessee, for the appellee, Stephen Lee Miller.

Judge(s): SWINEY

Stephanie Lawson Miller (“Mother”) appeals the Trial Court’s April 26, 2012 order finding and holding her in criminal contempt for violating the parties’ Permanent Parenting Plan. Mother raises issues on appeal regarding whether Stephen Lee Miller (“Father”) proved beyond a reasonable doubt that Mother had violated the Permanent Parenting Plan, whether Mother could be jailed for said contempt, whether the parties’ minor child has a constitutional right to exercise his religious beliefs, and whether the Trial Court erred in failing to consider the testimony of the child. We find and hold that Father did prove beyond a reasonable doubt that Mother violated the Permanent Parenting Plan, that Mother could be jailed for said contempt, that the Trial Court did not err in refusing to consider the child’s testimony about his religious decision making, and that the issue of whether the child has a constitutional right is not properly before this Court. We affirm.