Cummings v. Cummings

37 Citing cases

  1. Bumbalough v. Hall

    No. M2022-01003-COA-R3-CV (Tenn. Ct. App. Jul. 7, 2023)

    "By statute as well as case law, the welfare and best interests of the child are the paramount concern in custody, visitation, and residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden, 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004)).

  2. Woody v. Woody

    No. E2020-01200-COA-R3-CV (Tenn. Ct. App. Mar. 8, 2022)   Cited 4 times
    Soldiering on and stating that "we are mindful that this case has been ongoing for several years at this point, and proceeding to the merits will afford the parties and Harper resolution"

    "[T]he fault a parent bears for the breakup of the marriage is not relevant for the purposes of a custody determination, except insofar as that parent's conduct bears on his or her fitness for parental responsibilities." Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *8 n.5 (Tenn. Ct. App. Oct. 15, 2004) (citing Mimms v. Mimms, 780 S.W.2d 739, 745 (Tenn. Ct. App. 1989)). Therefore, in creating parenting plans, "[t]he needs of the children are paramount; the desires of the parents are secondary."

  3. Smith v. Smith

    No. W2022-00704-COA-R3-CV (Tenn. Ct. App. Aug. 25, 2023)

    "It is entirely permissible for the trial court on remand to allow the parties to attempt to reach an agreement regarding custody of [the child] consistent with this [O]pinion." Darvarmanesh, 2005 WL 1684050, at *8 n.4 (citing Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at*10 (Tenn. Ct. App. Oct. 15, 2004)). If the parties are unable to reach an agreement, the trial court shall implement a parenting plan consistent with this Opinion.

  4. Hasley v. Lott

    No. M2022-01141-COA-R3-JV (Tenn. Ct. App. Jul. 20, 2023)   Cited 2 times
    Concluding the trial court's findings were sufficient for appellate review where although the findings were "admittedly not exhaustive, they disclose[d] the steps by which the trial court reached its ultimate conclusion on each factual issue"

    "By statute as well as case law, the welfare and best interests of the child are the paramount concern in custody, visitation, and residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden, 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004)).

  5. Waddell v. Waddell

    No. W2020-00220-COA-R3-CV (Tenn. Ct. App. Mar. 14, 2023)   Cited 6 times

    As mentioned, supra, every permanent parenting plan shall also include a residential schedule, "which designates the primary residential parent and designates in which parent's home the child will reside on given days during the year." Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *7 (Tenn. Ct. App. Oct. 15, 2004); see also Tenn. Code Ann. § 36-6-402(5). In any proceeding concerning child custody and visitation, "the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities."

  6. Smallbone v. Smallbone

    No. M2020-01556-COA-R3-CV (Tenn. Ct. App. May. 4, 2022)   Cited 5 times

    Courts have authority to sanction perjury though a variety of means. Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *20 (Tenn. Ct. App. Oct. 15, 2004). An award of attorney's fees to the opposing party is but one option.

  7. Gates v. Gates

    No. M2019-00894-COA-R3-CV (Tenn. Ct. App. Mar. 31, 2020)

    Indeed, "by statute as well as case law, the welfare and best interests of the child are the paramount concern in custody, visitation, and residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden, 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004)). As such, "trial courts have broad discretion to fashion custody and visitation arrangements that best suit the unique circumstances of each case, and the appellate courts are reluctant to second-guess a trial court's determination regarding custody and visitation."

  8. Nelvis v. Baptist

    No. W2018-01763-COA-R3-JV (Tenn. Ct. App. Oct. 29, 2019)   Cited 3 times
    In Nelvis, the trial court, tasked with making decisions regarding parenting issues, used a check-the-box, pre-printed form in lieu of entering written findings.

    Indeed, "[b]y statute as well as case law, the welfare and best interests of the child are the paramount concern in custody, visitation, and residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden, 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004)). As such, "[t]rial courts have broad discretion to fashion custody and visitation arrangements that best suit the unique circumstances of each case, and the appellate courts are reluctant to second-guess a trial court's determination regarding custody and visitation."

  9. Flynn v. Stephenson

    No. E2019-00095-COA-R3-JV (Tenn. Ct. App. Aug. 29, 2019)   Cited 11 times

    residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden, 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings, No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004)). As such, "trial courts have broad discretion to fashion custody and visitation arrangements that best suit the unique circumstances of each case, and the appellate courts are reluctant to second-guess a trial court's determination regarding custody and visitation."

  10. Grissom v. Grissom

    586 S.W.3d 387 (Tenn. Ct. App. 2019)   Cited 35 times

    Indeed, "[b]y statute as well as case law, the welfare and best interests of the child are the paramount concern in custody, visitation, and residential placement determinations, and the goal of any such decision is to place the child in an environment that will best serve his or her needs." Burden v. Burden , 250 S.W.3d 899, 908 (Tenn. Ct. App. 2007) (quoting Cummings v. Cummings , No. M2003-00086-COA-R3-CV, 2004 WL 2346000, at *5 (Tenn. Ct. App. Oct. 15, 2004) ). As such, "[t]rial courts have broad discretion to fashion custody and visitation arrangements that best suit the unique circumstances of each case, and the appellate courts are reluctant to second-guess a trial court's determination regarding custody and visitation."