In Re: Nathaniel C.T., Jason J. T. and Emerald S.T. - Concurring

• Court: Court of Appeals of Tennessee
• Decided: March 17, 2014
• Docket: E2013-01001-COA-R3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 10, 2013 Session

IN RE NATHANIEL C. T., JASON J. T. AND EMERALD S. T.

Appeal from the Chancery Court for Washington County No. 8948 G. Richard Johnson, Chancellor

No. E2013-01001-COA-R3-CV-FILED-MARCH 17, 2014

C HARLES D. S USANO, JR., Chief Judge, concurring.

I concur completely in the majority opinion. I write separately to state that I do not believe the language of Tenn. Code Ann. § 36-5-103 is broad enough to encompass a dispute between two biological parents on one side and two third persons with no custodial rights on the other. As I parse the wording of § 36-5-103, it only pertains to a dispute between spouses or a dispute between a “spouse” and an “other person to whom the custody of the child, or children, is awarded.” Since this case does not present either of these factual scenarios, I would hold, as an additional basis for the Court’s decision, that the language of § 36-5-103 is simply not applicable to these facts. See Brewster v. Galloway, E2011-01455-COA-R3- CV, 2012 WL 2849428 at *12 (Tenn. Ct. App. E.S., filed July 11, 2012) (Susano, J., concurring).

I concur in the majority opinion.

_____________________________________ CHARLES D. SUSANO, JR., CHIEF JUDGE