IN RE ASHTON V. - Articles

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Posted by: Landry Butler on Mar 22, 2017

Court: TN Court of Appeals

Attorneys 1:

Georgina K. Hughes, Mount Juliet, Tennessee, for the appellant, Laura S.

Attorneys 2:

Laura A. Frost, Gallatin, Tennessee, for the appellee, Jeremy V.

Judge(s): MCBRAYER

This appeal arises from a juvenile court’s modification of a primary residential parent designation. The mother appeals the juvenile court’s findings that a material change in circumstance had occurred and that a change in the primary residential parent was in the child’s best interest. The mother also challenges the juvenile court’s denial of her Rule 60.01 motion. Upon review, we conclude that the juvenile court erred in relying on a report that was not entered into evidence at the hearing, but the error was harmless. Even excluding the report, the evidence does not preponderate against the juvenile court’s findings that a material change in circumstance had occurred and that modification of the primary residential parent designation was in the child’s best interest. We further conclude that the juvenile court did not abuse its discretion in denying the mother’s Rule 60.01 motion.

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