Tennessee case abstract on custody and contempt in divorce.
Texts from ex-husband warrant change in custody and 6 months in jail for contempt..
Emily Ruth Hughes v. Lucas Hughes
The mother and father on this Clark County, Tennessee, case have been divorced in 2019 and agreed to a parenting plan. Underneath the plan, the mother and father have been to don’t have any contact with each other, aside from textual content messages regarding the youngsters. The daddy as an alternative despatched 1000’s of textual content messages searching for to rekindle a romantic relationship with the mom, however she informed him to cease. Ultimately, she filed a petition for contempt. She additionally alleged that he talked to the kids in regards to the divorce and blamed it on the mom.
After that petition was filed, the mom alleged extra violations, similar to sending her pornography, visiting her office, and leaving items on her automotive.
The trial courtroom agreed with the mom that the daddy was in contempt, and sentenced him to 186 days in jail, to be served consecutively. It additionally restricted his parenting time, discovering that he had an emotional impairment. It additionally awarded the mom her lawyer’s charges. The daddy than appealed to the Tennessee Court docket of Appeals.
The daddy first argued that he didn’t have correct discover of the contempt prices. The appeals courtroom, nonetheless, rapidly handled this difficulty by declaring that he raised the problem for the primary time on enchantment. Due to this fact, it deemed the problem waived.
The courtroom subsequent appeared on the appropriateness of the contempt discovering and the sentence. Particularly, the daddy argued that the sentence was extreme. However the appeals courtroom disagreed. It discovered the fees each egregious and disturbing. It discovered the 1000’s of messages to be harassing and abusing, and accusatory and insulting. It famous that the daddy ignored even the recommendation of his personal lawyer and continued texting.
Total, it discovered the sentence wholly supported by the report.
The daddy additionally argued that the trial courtroom mustn’t have modified his parenting time, however the appeals courtroom agreed that they modify was supported by the emotional impairment the daddy suffered.
Earlier than affirming the trial judgment, the appeals courtroom additionally awarded the mom her lawyer’s charges on enchantment.