Preview:

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
August 25, 2010 Session SAMUEL WESLEY WOODS v. TRACY DEAN TIDWELL
Appeal from the Chancery Court for Lawrence County No. 13887-08 Robert Lee Holloway, Jr., Judge

No. M2009-01972-COA-R3-CV - Filed May 3, 2011

Mother appeals both the trial court's refusal to approve an agreed upon parenting arrangement reached between the parents and the trial court's finding that father should be designated the primary residential parent. Finding the trial court was required to make an independent determination of custody issues and that the court acted within its discretion, we affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed P ATRICIA J. C OTTRELL, P.J., M.S., delivered the opinion of the Court, in which F RANK G. C LEMENT, J R. and R ICHARD H. D INKINS, JJ., joined. Ryan P. Durham, Lawrenceburg, Tennessee, for the appellant, Tracy Dean Tidwell (now Watkins). James R. Frazier, Lawrenceburg, Tennessee, for the appellee, Samuel Wesley Woods. OPINION In April of 2008, Father petitioned the court to be named primary residential parent to the parties' child born out-of-wedlock in 2000. Prior to Father's petition, he had regular visitation but no court had previously made a custody designation, named either party primary residential parent, or entered a parenting plan.1 Mother responded with a counterclaim asking that she be named the child's primary residential parent.

Although not a part of the record, the parties agree that Father's paternity had been established by a juvenile court order in March of 2001. According to the trial court, that order provided that the parties agreed that they would work out "fair support and visitation."

1

In June of 2008, the parties agreed to a temporary custody resolution to be in effect during the pendency of the action wherein the child would reside with each parent on alternate weeks. The parties entered into mediation which resulted in a written agreement on custody that was approved and executed by both parties and their counsel on October 10, 2008 ("Agreement"). The Agreement named Mother as primary residential parent. The Agreement provided that the child would be with Father on alternating weekends during the school year, spring and fall breaks, some holidays, and on alternating schedule during the summer. The Agreement contained the following provision which the parties refer to as the contingency provision. The entire shared parenting arrangement is contingent on the following and the parties agree that the schedule would revert to a week to week schedule if the contingency is not met: If mother divorces or separates and moves to Lawrence or Maury County. Parties resume week to week schedule. (emphasis original). Later, Father refused to sign the documents that would reflect the terms of the Agreement into a formal parenting plan. Mother filed a motion to enforce the Agreement. The parties then agreed to mediate whether the Agreement should be enforced. Thereafter, new allegations concerning inappropriate behavior were made between the parents. A hearing was held on issue of custody and visitation on July 21, 2009. As a result, on July 28, 2009, the trial court issued an order naming Father the primary residential parent and Mother the alternate residential parent. The trial court found that the Agreement would not be enforced on the grounds that the contingency was not met. Thereafter, on August 5, 2009, Mother filed a motion to alter or amend the trial court's July 28, 2009 order, including as a ground the trial court's failure to enforce the Agreement. The trial court denied Mother's request. This appeal by Mother ensued. On appeal, Mother raises two issues. First, she argues that the trial court erred by refusing to enforce the Agreement. Second, Mother argues that the trial court erred in its best interest analysis under Tennessee Code Annotated

Download samuel_wesley_woods_v_tracy_dean_tidwell_opn.pdf

Tennessee Law