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Posted by: Azya Thornton on Jan 15, 2025

Head Comment: CORRECTION: In the last sentence of the introduction paragraph on the first page, the sentence has been changed from “Therefore, we vacate the court’s order in its entirety and remand for a new trial” to “Therefore, we vacate the court’s order in part, leaving only the current parenting plan in place pending further orders of the trial court, and remand for a new trial.”

Court: TN Court of Appeals

Attorneys 1: S. Jason Whatley, Sr., Mt. Pleasant, Tennessee, for the appellant, Britney Gray.

Attorneys 2: Adam Alexander Zanetis, Franklin, Tennessee, for the appellee, Rami Rafeh.

Judge(s): BENNETT

A father filed a petition to establish parentage of the parties’ child. At the trial on the petition, the trial court limited the evidence to events since a hearing on pendente lite parenting time that took place 47 days before the final hearing. We have determined that the trial court abused its discretion when it limited the evidence in this way. Therefore, we vacate the court’s order in part, leaving only the current parenting plan in place pending further orders of the trial court, and remand for a new trial.