IN RE JOSEPH E., ET AL.1 - Articles

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Posted by: Chandra Williams on Sep 24, 2015

Court: TN Court of Appeals

Attorneys 1:

Cynthia A. Cheatham, Manchester, Tennessee, for the appellant, Kristina L. E.

Attorneys 2:

David G. Ridings, Nashville, Tennessee, for the appellee, Robert M. E.

Judge(s): DINKINS

Mother and Father were divorced in 2009; the final divorce decree incorporated a permanent parenting plan designating Mother as primary parent. On May 17, 2010, Mother filed a petition in Davidson County Juvenile Court to have two of the parties’ children declared dependent and neglected based on Father’s alleged physical abuse of the children in two incidents in Davidson County on May 12. At the time of the incidents neither party nor the children were residents of Davidson County. Following a hearing in Juvenile Court, a trial de novo was held in Circuit Court; the court held that the evidence did not support a finding that the children were dependent and neglected and dismissed the petition. Mother appeals, asserting that the court erred in limiting proof to the events which occurred in Davidson County and in excluding the testimony of certain expert witnesses; Mother also argues that the evidence supports a finding that the children were dependent and neglected. Determining that the court did not abuse its discretion in the admission of evidence and that the evidence does not clearly and convincingly show that the children were dependent and neglected, we affirm the dismissal of the petition.