COVID Shot Parental Dispute Dismissed as Moot

Tennessee baby custody case abstract on COVID shot dispute. Word: it is a Rule 10 case.  See unique opinion.

Stacey Lee (Boyett) v. Brett Carr Boyett

The mother and father on this Davidson County, Tennessee, had been divorced in 2019.  They’d agreed to a everlasting parenting plan underneath which each mother and father had joint decision-making for non-emergency well being care selections.  Whereas the mother and father had agreed on vaccine selections, they’d differing opinions when it got here to the COVID-19 vaccine.  The daddy didn’t need the children to obtain the vaccine, and the mom needed them vaccinated as quickly as attainable.  She filed a movement to allow the vaccination, and requested for permission to vaccinate the son instantly, and the daughter as quickly as she was eligible.

The daddy argued that this was a modification of the parenting plan and that the mom had didn’t set forth a correct factual foundation for doing so.  The courtroom granted the movement, and suspended the daddy’s parenting time till the son had acquired his first dose.  The daddy requested for a keep pending attraction, and each the trial courtroom and appellate courtroom denied the movement.  The identical day, the son acquired his first dose.  He subsequently acquired the second dose, and the daughter acquired her first dose.

The daddy continued the attraction, however in its ruling, the Courtroom of Appeals held that the case was now moot.  It cited a 2009 Tennessee Supreme Court case holding {that a} case should stay justiciable from the time it’s filed till the second of ultimate appellate overview.  It held that the case was moot, for the reason that courtroom was unable to supply any reduction to the daddy.  A ruling would haven’t any sensible impact.

The mom argued that the attraction was frivolous.  However the courtroom identified that the daughter didn’t obtain her first dose till after the daddy submitted his temporary.  For that purpose, it held that regardless that the attraction was unsuccessful, it was not frivolous.

For these causes, the daddy’s attraction was dismissed as moot.

No. M2022-00060-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2023).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Modifying Custody & Parenting Plans and our video, How is baby custody decided in Tennessee?

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and baby assist worksheets from actual circumstances out there on Amazon.com.