All Content

Posted by: Landry Butler on Apr 5, 2018

Court: TN Court of Appeals

Attorneys 1:

C. Suzanne Landers, Lucie K. Brackin, and Carrie E. Kerley, Memphis, Tennessee, for the appellant, Rachel Wallock Hagans.

Attorneys 2:

Glenna M. Ramer, Chattanooga, Tennessee; Stephen T. Greer, Dunlap, Tennessee; and Donald Capparella, Nashville, Tennessee; for the appellee, Roger Chase Hagans.

Judge(s): DINKINS

In this divorce action initiated by Father, the chancery court adjudicated the divorce and entered a parenting plan proposed by Father, naming him as primary residential parent and establishing a residential parenting schedule for the parties’ child; Mother had previously initiated a custody proceeding in Scotland. Mother moved to dismiss the Tennessee proceeding, contending that the Tennessee court lacked jurisdiction to adjudicate the divorce because the parties we not domiciled in Tennessee and did not have jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act to adjudicate the child custody matters. Upon Mother’s appeal, we conclude that the trial court properly exercised jurisdiction over the divorce but, due to the pendency of the proceeding in Scotland, did not have jurisdiction over the custody matters. Accordingly, we affirm the grant of divorce to Father, vacate the parenting plan and child support provisions of the final decree, and remand the case for further proceedings in accordance with this opinion.