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Gricunas v. Gricunas

Court of Appeals of Tennessee, Knoxville

January 9, 2020

AMANDA BLISS GRICUNAS (HARMON)
v.
ANDREW JAMES GRICUNAS

          Assigned on Briefs August 22, 2019

          Appeal from the Circuit Court for Greene County No. 10CV394 Beth Boniface, Judge

         In this post-divorce proceeding, the mother filed a petition to modify time sharing arrangements between the mother and the father with regard to the minor children of the parties. The parties have been divorced since 2010. The mother also requested a modification of the father's child support obligation and asked that the father pay for one-half of the children's past and future medical expenses.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed; Case Remanded

          Jessica C. McAfee, Greeneville, Tennessee, for the appellant, Andrew James Gricunas.

          Brent Hensley, Greeneville, Tennessee, for the appellee, Amanda Bliss Gricunas (Harmon).

          John W. McClarty, J., delivered the opinion of the court, in which Charles D. Susano, Jr., J. and D. Michael Swiney, C.J., joined.

          OPINION

          JOHN W. MCCLARTY, JUDGE.

         I. BACKGROUND

         Andrew James Gricunas ("Father") and Amanda Bliss Gricunas (Harmon) ("Mother") were divorced in 2010. They have two minor children, thirteen-year-old M.B. Gricunas and eleven-year-old G.J. Gricunas. The original permanent parenting plan was modified on June 10, 2013. After an unsuccessful mediation attempt, Mother filed a Petition to Modify Time Sharing Arrangements on March 26, 2018.

         The 2013 parenting plan provides that Father have responsibility for the care of the children from 3:00 p.m. on Tuesday to 3:00 p.m. on Wednesday every week during the school year and from 4:00 p.m. Friday to 4:00 p.m. Sunday every other week. Included in the parenting plan is the obligation of both parents to ensure that the children attend their extracurricular activities and sporting events. In her Petition to Modify Time Sharing Arrangements, Mother alleges that Father has not consistently followed the time sharing schedule, has changed residences numerous times, and has lived with different people from time-to-time. Of specific concern is Father's irregularity of parenting time during the school week. Mother contends that such instability and irregularity is not beneficial for the children.

         In the Petition to Modify Time Sharing Arrangements, Mother also seeks a modification of child support and payment of one-half of the children's past and future medical expenses, not covered by insurance. Since the divorce, Father has received a four-year degree and is now gainfully employed.

         Father refutes Mother's allegations, arguing that Mother has been the cause of instability because she has remarried and introduced her new spouse's minor children into the household. Father also claims that Mother has not submitted any information regarding medical expenses to him since 2017.

         The matter was set for a trial on October 10, 2018. Father appeared the day of the trial and requested a continuance, which was granted. The trial took place on October 29, 2018. Father did not have legal counsel. There is no transcript of the court proceedings. At the close of testimony from both parties and Father's witness, the parties' minor daughter, the trial court granted Mother's Petition to Modify Time Sharing Arrangements by eliminating Father's mid-week parenting time, granting child support, and requiring Father reimburse Mother for one-half of ...


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