Sunday, December 8, 2013

Tennessee: Appeals Court decided to transfer the matter to Davidson County, Juvenile Division...BY: KORINN P.

http://www.tsc.state.tn.us/sites/default/files/ramonwilliamsopn2.pdf Tennessee: Appeals Court decided to transfer the matter to Davidson County, Juvenile Division The Tennessee Court of Appeals held in Williams v. Randolph, No. E2012-02110-COA-R3-CV (Tenn. Ct. App. 2013) that the Father, Ramon Williams, wanted to modify the custody of the minor Child and the judge, John W. McClarty transferred the case to the Davidson County Juvenile Court. The Father appealed this decision despite that it is the better forum for any further proceedings. The Father had filed a petition with the juvenile court in Davidson County, Tennessee asking the Court to deny the Mother’s request to move to Colorado with the minor Child, Iyana, and to grant the Father primary residential parent of the minor Child. The case was then transferred to Bradley County, Tennessee, and a hearing was ordered to be heard in November of 2009. The Court found that it was in the best interest of the Child, to change custody from the Mother to the Father. The ruling was then appealed to the Court of Appeals that reversed the custody change and the Juvenile Court of Bradley County and set the hearing for visitation for the Father and the Child. The trial court did limit the testimony and evidence to the date of June 8, 2001, which is the date that the court order was entered. The custody of the Child was then returned to the Mother. The Father had no reason to seek any action in the trial court because the Father had custody of the Child until the court reversed its decision. The Mother did move back to Davidson County. The Mother, Child, and the rest of the Child’s family reside in the Nashville area, with the exception of the Father. The evidence does support that it would be logical that the case should be moved back to Davison County Juvenile Court because it would be more convenient so that the court can determine any future issues that can arise. The trial court decided to transfer this matter to Davidson County to conduct any further proceedings. The costs of the appeal were assessed one-half to the appellant, Ramon Williams and one-half to Dana Randolph, the appellee.

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