Roger Chase Hagans v. Rachel Wallock Hagans
Syllabus
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.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- payments by former husband for utilities on a family home were alimony when divorce decree did not fix certain portion of payments as child support
- \It is well settled that this Court will not consider issues raised for the first time on brief when to do so prevents the opposing party from presenting evidence or arguments that might have been presented if the issue had been timely raised.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Richard H. Dinkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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