IN RE: LILLIAN F. W. - Articles

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Posted by: Tanja Trezise on Oct 1, 2013

Court: TN Court of Appeals

Attorneys 1:

Cindy H. Morgan, Sparta, Tennessee, Connie Reguli, Brentwood, Tennessee, for the appellant, Tony N.

Attorneys 2:

Luke Austin Evans, Heather Graves Parker, Murfreesboro, Tennessee for the appellees, Sam W. and Melinda W.

Judge(s): COTTRELL

This is an appeal from orders entered by the Circuit Court in an appeal from a juvenile court’s judgment finding a child dependent and neglected and establishing custody and visitation. These proceedings are part of a custody struggle between the biological father of the child, who lives in California, and her maternal grandparents, who live in Tennessee. Both parties have participated in proceedings in the courts of Tennessee and California. Although the substantive orders of the two courts were very similar, each of the parties decided at some point not to follow the orders of the court in the state of the other party’s residence, resulting in conflicting orders of custody and a jurisdictional battle in which both parties have invoked the Uniform Child Custody Jurisdiction Enforcement Act. We have determined that the only type of subject matter jurisdiction at issue here is the temporary, emergency jurisdiction that the juvenile court exercised to determine Grandparents’ petition for dependency and neglect.