Assigned on Briefs August 22, 2019
from the Circuit Court for Greene County No. 10CV394 Beth
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.
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.
Hensley, Greeneville, Tennessee, for the appellee, Amanda
Bliss Gricunas (Harmon).
W. McClarty, J., delivered the opinion of the court, in which
Charles D. Susano, Jr., J. and D. Michael Swiney, C.J.,
W. MCCLARTY, JUDGE.
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.
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.
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.
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.
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 ...