IN RE GABRIEL V. - Articles

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Posted by: Tanja Trezise on Jun 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Luke A. Evans and Heather G. Parker, Murfreesboro, Tennessee, for the appellant, Carvin Curtis V.

Attorneys 2:

Cherie Cash-Rutledge, Murfreesboro, Tennessee, for the appellee, Alina Victoria K.

Judge(s): BENNETT

Mother and Father were married to other people when the Child was conceived. Mother divorced her husband, but Father returned to his wife and children after the Child was born. Father initiated court proceedings in an effort to be named the Child?s primary residential parent and to obtain parenting time. The court performed a best interest analysis and determined that Mother was better suited to be named the primary residential parent. By the time of trial, Mother was living in California, and Father was living in Tennessee. The court awarded Father parenting time during the majority of the summer and shorter periods throughout the year, for a total of about ninety-six days per year. Father appealed, contending the court erred in its best interest analysis and in failing to award him more parenting time with the Child. Father also challenged the court?s calculation of child support and credits to which he is entitled. We affirm the trial court?s judgment in all regards except for its calculation of child support and credits to which Father is entitled. The case is remanded for a recalculation of Father?s child support obligation and arrearage, as set forth herein.

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