IN RE ETHAN R. - Articles

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Posted by: Landry Butler on Mar 10, 2017

Court: TN Court of Appeals

Attorneys 1:

Stephen W. Pate, Murfreesboro, Tennessee, for the appellant, Shiau-Jiuan Wang.

Attorneys 2:

W. Ray Glasgow, Memphis, Tennessee, for the appellee, Michael Eugene Rowland.

Judge(s): DINKINS

A mother, who was designated the primary residential parent of the parties’ son when she and the father divorced, filed a dependent and neglect petition in juvenile court in Tennessee when the child was hospitalized in Arkansas after ingesting some of the father’s methadone tablets. In the course of the juvenile court proceeding Father filed a petition opposing Mother’s relocation to Kentucky and seeking a change in custody. The juvenile court dismissed both petitions, and Father appealed. The circuit court held a trial de novo and denied Father’s petition. Mother appeals, contending that because she did not appeal the juvenile court’s dismissal of the dependent and neglect proceeding, the circuit court did not have subject matter jurisdiction to consider the matter further and, alternatively, that the case should have been transferred to Kentucky. Finding no error in the disposition of the case, we affirm the judgment in all respects.