Tuesday, September 22, 2009

The Paramour Provision

Not a legal profession case but of possible interest is a decision of the Tennessee Court of Appeals in post-divorce proceedings reversing a trial court decision that had required inclusion of a "paramour provision."  The provision precluded overnight stays by the partner of the mother. The divorce was initiated after the father had engaged in an extramarital affair. He is now married to his former paramour. Mother is not so fortunate: she is involved in a committed long-term same-sex relationship and is forbidden to marry under Tennessee law.

The court here determined that the trial court must determine whether inclusion of the paramour provision is in the best interests of the children: "We hold only that the trial court was not required to include the paramour provision in the permanent parenting plan." (MIke Frisch)


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