WILLARD HARRISON IMAN, JR. v. MEGAN BLANCHFIELD IMAN - Articles

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Posted by: Stacey Shrader Joslin on Jul 17, 2013

Court: TN Court of Appeals

Attorneys 1:

Sharon T. Massey, Clarksville, Tennessee, for the appellant, Willard Harrison Iman, Jr.

Attorneys 2:

Mark A. Rassas and Julia P. North, Clarksville, Tennessee, for the appellee, Megan Blanchfield Iman.

Judge(s): STAFFORD

THIS OPINION WAS WITHDRAWN AND REPLACED WITH THIS OPINION ISSUED ON NOV. 19, 2013.

This case involves post-divorce modification of a parenting schedule. Mother sought modification of the schedule after moving to Florida to be nearer to Father and the minor child. The trial court considered the case and modified the schedule to allow Mother more time with the child. Father appeals, arguing that the trial court no longer had jurisdiction to hear the dispute, that the trial court should have declined jurisdiction on the basis of forum non conveniens, that Mother failed to prove a material change in circumstances, and that the modification was not in the child’s best interests. We affirm the trial court’s rulings with regard to jurisdiction, application of the forum non conveniens doctrine, and a material change in circumstances. However, because the trial court failed to make a finding that modification was in the child’s best interests, we remand to the trial court for the entry of an order containing appropriate findings of fact and conclusions of law as to whether modification is in the child’s best interests. Affirmed in part, and remanded.