In family court custody cases, judges evaluate whether to modify residential schedules based on evidence of parental cooperation, children's stability, and best interests. The court considers factors such as school attendance, health management, communication between parents, and the ability to accommodate each other's requests for additional time. When parents demonstrate effective collaboration and the children have adapted well to the current arrangement, courts may be reluctant to change the schedule mid-school year, even when one parent requests expanded time.
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We're here today on the West V. West case on a motion to expand residential time followed by uh the defendant husband Joseph Ivan West. Mr. Robert, you're here in the courtroom with Mr. West. And we have Miss Marks who is requested to do this by Zoom and have her client participate by Zoom. Is there anything I need to address? If you'll move that microphone around.
>> Yes. I mean I was not a part of the >> I was is it how's that again I I was not a part my understanding was the rules here now require that um everything is in person unless you make a request a motion to do it by Zoom. Um, I think Miss Miller contacted me yesterday and said Miss Markx had requested to do it by Zoom and u I said that I didn't necessarily agree to that and um understood it was going to be in person and apparently Miss Marxy says she has a doctor's note saying she cannot appear in court um as a result of of of pregnancy issues. So I haven't been provided that Dr. Snow and again your honor not trying to be uh insensitive in this matter but again we were sent last week to hear this case and uh Miss Marks filed a motion a notice of unavailability saying she was in court for two weeks and could not be here on the original date that it was set because she was in court.
Um, and so before we proceed, again, I question that again that if the wife is going to give testimony, I have objection to her not being here in person uh to testify.
This is a Dixon County case. And if Miss Marks is able to go to Davidson County Court and couldn't come here a week ago, then I question why she can't be here today and why we're doing it by Z.
>> M. Marks, I'm led to understand that from the clerk's office that you had indicated you could not be here because of the doctor's note saying you had to avoid it. Um, and again, Miss Roberts points out there was some indication you were tied up in court and unavailable.
Can you clarify those two for me?
>> Um, it's awfully personal, but I'm I'm happy to share. Um, I'm I am pregnant and I have a high-risisk pregnancy. It's my understanding uh that Mr. West is unvaccinated. Um my uh doctor has advised that I avoid in-person gatherings as much as possible.
Obviously uh there are some instances where that is completely unavoidable, but um the judges in Davidson County and and every other county and you as well have been accommodating to that. Um obviously trials are are kind of an exception to that rule. Um, but the judges made sure we were we were, you know, as safe as can be. And I understand the need to be in person, but I I do also understand that cases right now with Delta are on the rise and like my doctors have advised me not to be in person whenever possible. And that's what I communicated to the clerk and and they were happy to oblige, which I really appreciated.
>> Mr. Roberts, the only option I have would be to reset it to require Miss Markx and her client to come into court or we can proceed today on your motion by doing it by Zoom. She'll be on the screen and her client will be on the screen. It'll be conducted in the same fashion as if we were having them here.
Um, do you wish to proceed today?
>> Yes, Sean, I do. It's just again the situation is is that uh again there have been accusations in this case from Miss Marx and I need relative to my actions and some of the things that has happened and again when I in representing my client when she can't be here because she's in court and then I'm I'm not part of the conversation I was not there was no motion and notice to do it by Zoom and uh >> by error I mean what I do is her on the side of safety for all those in involved. That's the reason I have a mask and you're required you and your client to wear a mask. If Miss Marks tells me as an officer of the court that she has a doctor's recommendation that she not appear in court among other people, then I will accept that as a as a statement u and we'll proceed.
>> I understand. I just didn't know what it was. Again, it was a question. I wasn't in the loop.
>> No. And the the question became when Miss the only conversation I had was with Miss Miller yesterday as I was leaving which she indicated Miss Marks had had indicated she had a doctor's note and as a result uh I just told them to have her come in on Zoom and we'd address it today. So >> we are addressing it today and my opinion would be either a continue this case to require them to be in person or go forward with your hearing. Well, your honor, again, and and again, I not trying to be u overly combative, but again, I'd rather go on and and go forward because again, if Miss Markx is going to say that she's not ever going to come back to court until again after she she delivers her child again, which is her prerogative, and I support that, not now knowing what it was that doing it, I'd rather go forward because again, that means it sounds to me that the court would say that we can't do anything until after her pregnancy is >> well we're going to go forward with it.
We've tried divorce cases even the final parenting plans by Zoom last year when we were doing almost everything exclusively by Zoom. So there's no reason we can't do it. Uh we'll have the advantage of having you and your client here in the courtroom and Miss Marks and her client will be on screen on the big screen television here in the courtroom and on my laptop so I'll be able to observe them at that point in time. So we'll proceed.
>> All right. We're here on my motion to expand residential time. As your honor is aware, we were here over a year ago, September 28th of 2020, and your honor put down a ruling that gave basically at this point in time, the father has every other week from Thursday until Monday.
The and >> there was some evidence in the case previously that they had been alternating weeks. Is that correct?
>> Yes, your honor. But they had been separated for quite some time. Both of them have moved on. Uh they both have paramores in their life. Um so you know it's grounds is equally on both sides but at the time my client it would be our position and what would previously testify is that Miss West manufactures criminal charges against Mr. West. Those had to be played out in the black city court. Those charges were dismissed. Um and so they went week to week with the child with the children and uh because of the bond conditions he didn't get to see the children for an extended period of time. Those charges were dismissed and there was some issues about going to school and it it's spelled out. I when I drafted the order I included I tried to include the language so that we would have a reference.
you you gave him some gradual move up because we were at fall break last year and so we started doing that and then he it just progressed to where he got Thursday from October 29th of 2020 he would get from Thursday to Monday every other week. Um additionally honor this is this is where some clarification needs to be made and make sure that it's in the order on expanding the visitation. Your honor did say that all school breaks would be split equally between the parents with the father having the first half and the mother having the second half the break.
Thanksgiving 2020 will be divided with Mr. West having the children from Wednesday until Friday p.m. and the mother will have the children from Friday until Sunday. It's the intent of the court to alternate in the future.
Given the court's schedule, it's not likely that a final to have a final hearing before the Christmas holidays, which would have been referenced in 2020, unless the parties reach an agreement. And as such time, the children are out of school be divided equally. And specifically, the mother will have residential time from the 23rd until Christmas Day, and the father will then have no Christmas day until the 27th, and then the parties will work together to divide the remaining of the break. So you said in your ruling that it was your intent to alternate.
So I wanted to clarify that in Thanksgiving of 2021, it was the court's intent that since Mr. West had from Wednesday to Friday in 20 that Mrs. West will have from Wednesday to Friday on the in in 2021 and Mr. West we'll have from Friday to Sunday regardless of the the alternating weekend visitation and then when Christmas comes up in 2021 that the school break will again be equally divided but Mr. West will have the children from December 23rd at 5:00 until noon Christmas day and then Mrs. West will have the children from noon Christmas day until December 27th.
That's I think more of an interpretation of your honor's order rather than necessitating testimony. So that was one of the major issues why we needed to get it heard before the holidays come up in in less than a month.
Um and then on top of that, your honor, we're asking for some expanded residential time. Your honor did say in your ruling that the parties had a week toe schedule before this started.
um and that your honor that your honor would consider changing that residential schedule.
Um and you said that this schedule um the court defined this schedule was fashioned so to pro provide the court with an opportunity to see how the parties work together. The parties initially began an equal week-toeek schedule prior to the allegations of assault and the court will consider alternating returning to the alternating schedule at a final hearing. The schedule will give each part parent responsibility to care for the children and attend to each needs such as school attendance. The court admonishes each parent there'll be no unexcused absences for the children and they'll comm continue to communicate with one another and keep the other party informed about all issues dealing with the children and I think the parties have done that. Um and again um in that respect we're requesting for the court to expand the visitation because you did say this this schedule shall continue until further orders of the court and that's the language um within there. So the parties have my client has had the children to um Mrs. West benefit. She has allowed particularly the son who races with the with the father races to carry the child to his races even if it's not on his weekend.
That um there have been other times when she has gone out of town with her boyfriend that she's allowed the children to stay. Um Mr. West is attempting to meet his needs. If there have been extracurricular activities, he has paid for those. He has sent the expenses to the mother who says that she doesn't have the financial wherewithal to pay those. We understand that he is meeting those needs of the children and we're asking for some additional time, your honor, and a clarification as far as the res. when you ask for additional time so that we're clear on that. What specifically are you asking to expand other than clarifying the holiday visitation which I'm glad to do.
Is there any something else? Right now we don't know when the final hearing going to take place >> and that and that's that's the that's the problem is is that we don't know I mean at the very earliest it would be March or April probably of of next year because again no no disrespect to the other two judges but I don't want to plow the field that we've already plowed so to speak. you've heard it. So, knowing your honor schedule that you've already given out mostly most of your March dates. So, likely it will be June, July, whenever your next time in summer for for the um for us to have a full final hearing unless we settle it. In that respect, your honor, I want to put on testimony how the part how my client has had additional time. They've not been absent from school. He's been meeting the, you know, paying things out of pocket when she can't pay them. I mean, we're just asking to go to week to week with almost the same scenario that your honor put on the first schedule.
Give the parties an opportunity to see how they do in a week toe schedule. They did it before. An assault charge got brought up that has been dismissed and we're respectfully asking to go back to the week toe schedule.
I don't have a problem with going on and getting a final hearing date with the provision that your honor is looking at the week-toeek schedule to see whether the parties continue to work with one another.
>> All right. Well, let me hear from Miss Marks. Miss Marks, you can unmute and we'll hear from you regarding this and then I'll hear testimony.
>> Well, thank you, your honor. Um, first, I I don't think that we have any problem alternating those holidays. Um, that's never been communicated to me, but I that was my understanding of the order was that they would alternate and um, >> well, I'll clarify that for everyone because yes, that was my intent. So, they will alternate this year. It'll just be the reverse. They'll each have what the other one had last year. So, >> great. Wonderful. Thank you. Um, so first and foremost, your honor, um, this this motion is untimely as Miss Roberts said. Um this is to be reserved for the final hearing.
Um it is not in the party children's change this now when we are going to rehear this again at the final hearing.
Um it's very disruptive for them.
They've already begun this school year.
Um they have acclimated to this schedule over the past year. It has been working well for these children. Um and mother has been able to be a beacon of stability for them. Um, as Miss Roberts said, she has not ever withheld these children. In fact, she has allowed a father to have additional time with the children during non-school days um whenever possible. Um, and it's her intention to keep doing that. Um, she believes that it's important for them to have a relationship with father and she doesn't have um any intention of stopping that. Um, where she does have a problem is is during the school year.
Um, previously when they were under that 5050 parenting plan, um, the issues with attendance that they were going to get the the Dixon County Juvenile Court involved, the school letters, um, they were just unexcused absences for extracurricular activities. um since mother has had the majority of the parenting time, these issues have completely resolved themselves and they've not had um any sort of um unexcused absences uh in the same way that they had when they were under that 50/50 plan. Additionally, father does have one um overnight during the school week on his alternating weeks and um mother has um with son's permission the ability to track him on an application on his phone and has seen that the children have been out as late as 1:00 a.m. uh on school nights. um they've reported to her that they've almost been late to school on multiple occasions and it's it's just not in their best interest that we make this change uh during the school week where father has additional time with them.
Mother is again happy to allow father to have additional nonschool but children need uh the stability that mother provide the school we um it's really important to them. Additionally, the party's daughter uh Kendra um had when they were under that 50/50 plan um had fallen behind in her school work. Um the teachers had spoken uh with the parents about it and since Miss West has taken over the majority of the school time um they've talked about how improved uh her participation in school has been. Um and and mother fears that that that will revert back to what it was. Um, additionally, um, there are some concerns about, um, you know, the children's diet. Their son is pre-diabetic and obese and, uh, mother has worked with him and his doctor to help, uh, eradicate some of those problems. Um, there's some concern during father's time that they're they have access to sugar and soda. Um so shifting that balance away from um you know more limited time with father up to those problems again that they are you know managing uh right now um as to uh joint decision-m um as Miss um Robert said these parties have been working to communicate but these are still two parties who who don't communicate well.
there was that arrest warrant um which my client did agree to um withdraw so that these children could have time with their father because she understands that that's important but she does not believe that it was falsely accused and um I won't rehash that litigation but um these are people who who struggle with joint decision-m's been the primary decision maker for these children for uh the entirety of their lives and she needs to be able to make the final decision in the event that they cannot reach an agreement together which is what your honor ordered uh last year at this time. Um and it's not to say that she doesn't work with father but uh there are some serious issues uh the safety >> let me ask this question of youing >> let me interrupt you and I'm sorry but let me ask this question what is there left to do to prepare this case for a final hearing >> presently we're waiting um you heard a motion uh to compel the subpoena of father's girlfriend um we're trying to get to the bottom of his contract contributions uh to her house, which he's claiming is his business address.
Um, and there's a lot in terms of his self-employment income that we're trying to sift through in order to ascertain his real income for child support purposes and for division of the marital estate. I mean, if funds went into that home that he is claiming as his office, we need to be able to understand that.
And we've had a really hard time getting those documents. Um, and so, uh, his girlfriend has hired counsel. um as uh your honor asked that she she go ahead and do um but we still have not received any documents and she's not so we're in a bit of a standstill with that piece um which I think is is one big issues um in terms of resolving this matter problem with zooming is that you are breaking up quite a bit and you're kind of coming and going. Let me hear from Miss Roberts as to what she says about it.
>> Yeah, I apologize. I didn't mean to interrupt, but um Miss Mia, the individual who was subpoenaed to prod documents, um she has retained Hillary Duke in this matter. And I spoke with Miss Duke yesterday because she inquired as to she was she had inquired as to whether I could be she had called to see she was to whether I could be in court on the 22nd because it was her intent to file a motion to quash the subpoena. I pointed out to her that that was not your date.
on the 22nd. Um, and that she needed to obtain dates from your honor because you were the one that granted Miss Smith leave to get an attorney in this matter.
And so she asked today while Miss Marks and I were here that if you could give a date um on the issue, but she has a motion to quash the subpoena uh for clarification. I haven't seen it. It was just a conversation and I told her we were hearing today in court and that Miss March would be here and that hopefully we could get our calendars together and pick a date when we could do that. So that when when you say how much has to be done, there's that issue u that has to be resolved and on what document that Miss Smith has to produce before I think Miss Mart can even address how much longer it's going to take for her to assimilate those documents because she's never gotten them yet.
>> All right. And uh that kind of answers my question as far as an answer to your question about a date. Let me just give you an idea of my schedule. Um next week is the judicial conference in Chattanooga which I'm required to go to since we haven't had I haven't been able to attend. Then we will have Dixon County DUI court on I think one or two cases that will be tried on the 22nd of October.
25th of October will be our Humphre County violation of probation.
26th of October we began a first-degree murder case that's being transferred.
The venue is transferred state versus Ryan Dy. transferring it from Hump Humphre County because of the pandemic surge resulting from the devastating flood and the fact that they're unable to actually secure a jury for that case down there. And I've granted a motion or I've actually just ordered it on the court's own motion to be transferred up here with the consent of the defendant.
So, we'll try that for the rest of that week. Then moving to November, I start the medical malpractice case, Robin Jackson versus Dr. Roth Ear, Nose, and Throat Clinic. Starting on November the 1st, and that's expected to go through the entire week, if not longer. The rest of that month, I have Stuart Criminal Docket Call, Humphre County Chancery, Houston Chancery.
Um, >> also have the Wiggins sentencing.
>> Oh, the Wiggins. Yeah, we have Steven Wiggins sentencing on his other charges other than the first-degree murder that set for 1:00 on the 2nd of November.
I have Veterans Day. Is the courthouse closed on Veterans Day? It is closed.
Okay.
I have a doctor's appointment of my own.
Plus, I have the Citizens Police Academy mock trial, which I'm asked to preside over that evening. And we have Houston Chantry on the 12th with Crystal Daniels motions on at 1:00 that afternoon.
Stewart Circuit Civil docket call on the 15th, Chantry at 10:00 a.m. State versus Abdullah La Pal firstde-deree murder case starting there on the 16th going through the 19th. Then I have the 22nd Stuart Chantry 23rd Humphre Chantry 24th Stuart VOP and and violation of probation and community corrections. And then Thanksgiving, and I'm not going to work the day after Thanksgiving, so that's out.
>> Then the 29th, I have criminal trials in Stewart County plus a one:00 Dixon sentencing out of the criminal place. Is that the homicide case? I think >> both of the Dick Dixon homicides I had in September will be sentenced on the 29th. Then I had Stuart Chancery on the 30th.
December the 1st, I start a five-day jury trial with Acute Care Holdings versus Houston County. That takes, if that goes, it'll knock you in Chantry, Houston Chantry out of their days that I have set second behind that. On the sixth, I have Houston Circuit Civil Docket Call Chantry.
>> We've changed that to the 10th.
>> Pardon?
>> We've changed that to the 10th just >> Okay, that's right. We changed circuit civil docket call to the 10th because of that jury trial. I have chief enchantry on the 9th, 13th. I have Houston criminal docket call plus I have the Wesley McBlad motions that afternoon at one and I have Houston criminal trials the rest of that month that week. Chief Chantry on the 20th and then the Christmas holidays.
Now, I can give you the 29th day of December for a final hearing in this case if you think it will be concluded or I can give you that date for the motion that this that's the first available day I have to hear your motion.
>> That's we're ready to try the final hearing, your honor. We're ready to turn, but um I'm sure council for the wife will not be to give the final hearing date on that date.
>> The only other thing I could do is your motion. If we could do it by Zoom, which obviously Miss Marks would require, we could do it um on another day when I have other matters that are chancery matters in another county. For example, we could do it on the 9th when I have Humphrey's chancery.
I could hear that motion by Miss Duke on that day.
>> The 9th of November.
>> 9th of November or the morning of the 10th or I do it on the 10th. That's Houston Chantry. I can do it on either of those.
>> I'm going to be in front of you on both of those. So, it >> I could do the 9th or the 10th. I cannot do the 29th of December, though.
>> What about the So, you said you could do it on the 9th or the 10th. Either one.
>> Yes, your honor.
>> There's the motion. This is just a motion that Duke is filed to acqu I I none of the cases I have of Miss Duke. So I mean I think >> offer to Miss Duke the 9th or the 10th um to see if we can do it at one o'clock on either of those days.
>> I will text her after this or call her in a minute and see and then we'll put one of those two days. Miss Marks, you're available on either one of those two dates at one.
>> Yes.
>> And then truthfully, when you were talking about the final hearing date, if I'm required to be the judge to hear it, I'm not going to run through all of the the days that I have, but my next conference or my next um term of court here in Dixon County would be in March.
And I've given out the dates of March the 4th, March the 11th.
March the 28th and March the 31st.
And how many of those days are already full?
>> Um the March 11th I have a final hearing, Tidwell versus Ted. March 28th I have a final hearing, Davidson versus Davidson. So those are already final hearings on both.
>> Those are both set in front of me.
>> Yes, your honor. Those are both set in front of you. Those were all motions to set that you gave us directly in court.
>> Okay.
>> Not to throw a wrench in it, but I um I will be out on maternity leave likely on some of those dates. So, I will need to talk to uh my partner Joanna McCracken and see what her availability is before obligating her to any of those.
>> What What do you do to have your child >> uh Let me ask this. When will you be available to return to work?
When will you be available to return to work?
>> When will you be available to get back to work after >> I don't know the answer to that question. There is a um a couple health factors in play um that my doctors are monitoring that will really impact the answer to that. But my partner is works on this case alongside me. So I don't think it's going to be a problem. It's just a matter of her calendar and her availability.
>> Well, I have April the 26th. That's uh on my calendar to give even though I'm supposed to be in Humphre County.
April 26th.
>> You have that down at fixing chancry.
>> Yes.
>> And April 28th.
Would that be I would assume that would be far enough away that your partner would not have a problem with either of those dates. I'd like to get some sort of a final hearing date.
>> Sure.
>> See if we can get this case.
>> I don't see anything on the calendar that would be um problematic, but again, I would want to check with her before fully committing her to that since she'll be covering our entire case load during that time. So, I'm happy to circle back with Miss Miller uh once I've talked to her about it.
>> Let's do this. I'm going to set it for April the 26th. That's a Tuesday.
And if that day turns out to be a problem for your partner, if you will contact Miss Roberts and Miss Miller both and let them know that that is a problem, then we'll look at the 28th >> and go from there.
>> So 1:00 on the 9th or the 10th >> for the for Miss Duke's motion that neither one of us have seen. um and then by Zoom and then the 26th in person.
>> That is the plan.
>> Um Miss Roberts, I I mean I'm happy to communicate this with Miss Duke as well, but there seems to be an issue um with the mail because we didn't receive your motion until a week before it was set.
If there's any way for us to receive that via email so that way we know when it's set um more than a week out, I would so appreciate that.
Well, I'll let you all talk about that after we finish with court. That seems to be more of an issue between the lawyers making sure that you're both in state communications.
Rules simply require that it be placed in the mail, but obviously mailing and emailing are both a better, you know, doing them both would be the best way to go. All right, then we're ready to proceed. Miss Roberts, you may put on your proof.
>> Uh, your honor, I apologize. I did not finish with my opening. Um, you interjected to ask me some questions.
>> Well, your opening is not evidence, Miss Marks. I'll be glad to hear your client and so forth, but I understand this case. I understand where we are, and you can certainly put on your proof, but I have to leave at 3:30 today. I have a meeting outside. So, I'd like to go ahead and get started, and then we'll be glad to let you put on whatever proof you wish to about these issues. So, >> Okay.
>> Mr. Roberts, call first. Yeah. Call Mr. West, please.
>> West, come up, please.
>> You're Joseph West. Is that correct?
>> Yes, ma'am.
>> Mr. West, where are you presently residing?
>> I presside at 10:03.
>> Can you hear everything? Okay.
>> Yes, your honor. Thank you.
>> 10:03 Bond Me Drive in Burners, Tennessee.
>> Okay. And who resides there with you?
>> Uh, my parlor, Kayla Smith.
>> Okay. And your children are still residing.
>> Just call her your paramore.
>> Picked it up for me.
I I mean I that's what lawyers always call these folks that you all get involved in while you're still married or paramores. It's a legal term, but I've never really heard a a client actually testify that his paramore lives with him. So I understand that Miss Roberts may tell you what to say and how to say it, but anyway. All right. Go ahead.
>> Okay. Your girlfriend lives with you. Is that correct? All right. Now, um your children are still living at the Mar residence. Is that correct?
>> Yes.
>> And where is that? Uh 111 Waggers Way in White Bluff, Tennessee.
>> And your wife is still residing there?
>> Yes.
>> And to your knowledge, is anybody else residing there?
>> Uh no.
>> Okay. Now, your children are in school.
Is that correct?
>> Yes.
>> Well, tell me your son's name and age.
>> Joseph Island West Jr. and he's 13. And Kendra Marie West. She's six.
>> And where do they attend school?
>> Uh Kendra attends at White Bluff Elementary. Joey at William James Middle School.
>> And Joey is in what grade?
>> Eight. And what grade it is your daughter?
>> First.
>> First. And um you recall we were here a little over a year ago, September 28th of 2020. We were in court or we were actually on Zoom and we had a hearing.
You recall that?
>> Yes.
>> And have you had all of your residential time since that time?
>> Yes. Plus.
>> And have you had additional time?
>> Yes. You and your your wife been able to work out exchanges and and alternating days and things such as that.
>> Yes.
>> Um tell me some of the things that y'all have done as far outside the schedule.
You now get children from Thursday until Monday. Is that correct?
>> Yes.
>> Have they missed any school?
>> No.
>> Have they been late?
>> No.
>> Have they gotten their assignments when they've been with you?
>> Yes. and have they lunch, you know, pack their lunch, do everything associated as far as school's concerned.
>> Yes.
>> So, tell me some of the things that you and your wife have been able to work out as far as expanding residential time.
>> Uh, my son does go-kart racing. Um, so she's let him go to the racetrack with me uh for him to do the go-kart racing.
Um, also I have got him and I've drove his big car um just to go with me. So I pretty much almost pat him almost every weekend now.
>> Okay. Um and your daughter >> uh I don't get her as much because she don't in the activities now she's involved. Um so I mean if if Tina's not able to take her to ball then I would have obligated or said I would be able to take her.
>> Okay. And have y'all been able to talk back and forth and to do that?
>> Yes. Have there been issues between you and her and your wife about exercising time?
>> No.
>> Um, have you had to ask for any accommodations as far as, hey, I need to swap days, anything like that?
>> No, not on my side.
>> And has she had to communicate you and ask to swap days or to take the children additional times?
>> Extra time when she's going out of town or something like that.
>> Okay. Have there been occasions that she's gone out of town with dur since we were here in September of 2020 2020?
Have there been additional times that she's traveled and not been able to be there with the children?
>> I'm not sure her last trip that she made. Uh I don't want to testify that it has been, but I believe it has been.
>> Okay. The kids were on fall break right after we left court last year.
>> Yes. And I think she had a trip planned or she had gone to Mexico with her boyfriend at some point. Yes. Her parent.
>> And to your to your knowledge, have they gone out of town and traveled since then?
>> Uh >> if you don't have any personal knowledge of it, not with your children told you.
Do you have she discussed with you that she >> No, she has discussed.
>> Okay. But if she's called and asked to accommodate, have you done that?
>> Yes.
>> Now you're working. You still have you got you opened your own business?
>> Yes.
>> And you're working with that business.
>> Yes. Um, and what hours do you keep with that?
>> Uh, we're pretty much a 247 company. So, anytime we go out and work, if I don't if I don't have the kids, I work a lot more when I do have the kids. I spend time with the kids.
>> Okay. Um, but again, with your work, you can drop them off at school, pick them up at school because again, you're in Burns.
>> Yes. No problem.
>> And and they're at White Bluff.
>> Yes.
>> So, there's not a bus service that's going to go from Burns to White Bluff either elementary or middle schools.
Correct.
>> Yeah. We're 15 minutes away.
>> Okay. And so you had you go down what you cut down Bluff Road there in go >> uh just hit 47. We're right about 47. So we just go straight down 47. We're right on White.
>> Okay. Um now how are your kids doing in school?
>> Good.
>> Um have they had any issues been any behavior issues? Anything like that that's come to your attention? Uh now we have found out that they the teachers are testing Kendra for ADHD that I did not know about that Tina did not reply to me about. Um it's just something we have found out.
>> Um but other than that >> Well, how did you find it out?
>> Uh Facebook through Facebook?
>> Yes.
>> But who who just randomly posted my do your daughter's ADHD or has propensities? How did you find out on Facebook?
>> My girlfriend. What did somebody post?
Who posted something on Facebook?
>> I don't know.
>> Okay. Okay. So, you don't have any personal knowledge or whatever.
>> Have you got any notes home or any questions when when a teacher typically wants to test a child for attention deficit? They send uh questionnaires home to the parents to fill out about what they do at home. Have you gotten one of those questionnaires?
>> No.
Uh, have you had any doctor's appointments or anything that you carry the children to?
>> No.
>> Previous to the criminal charge that your wife alleged against you and wife left city court, y'all were having children on a week toe schedule. Is that correct?
>> Yes.
>> And what was how did y'all do that? Was it a Friday to Friday, Sunday to Sunday?
Tell me what y'all did.
>> Uh, we tried the four three uh schedule.
It didn't really work because we was truck switching so much and it was easier there because we both still living in American resident. Um, but we did then we went to week on week and we switching on Friday >> and y'all would live one of y'all would stay in the house and the other one would leave.
>> Yes.
>> And that's what y'all did for how long a period of time?
>> About six months.
>> Okay. And your children at least your daughter at at that point time was just still in daycare at the beginning of that time. Is that correct? Yes.
>> So, she went to kindergarten in the school year of 2020 2021.
>> Yes.
>> And now in 2021 2022, she's in first grade.
>> Yes.
>> And to your knowledge, she's made satisfactory progress and your son has too. Is that correct?
>> Yes.
>> And they did that. Um he was doing fine when y'all were doing the week.
>> Yes.
>> Now, um the criminal charges have all again they were dismissed and and expuned off your record. Isn't that correct?
>> Yes.
>> Okay. Now, is there have there been any issues between you and your ex-wife as it relates to the children?
>> No.
>> Are you have they got rooms and are they available to to be at the home where you're living?
>> Yes.
>> Have they acclimated there?
>> Yes.
>> Uh do you feed your kids a bunch of junk food?
>> No.
>> Tell me what you do about how y'all deal with your meals. Uh they could eat uh cooked meals for dinner every night unless we're at a ball game or racetrack and they'll eat a burger or something from there. Uh they eat cooked meals every night other than that.
>> Okay. And then they eat their school lunch. And do they eat breakfast at your house or do they eat breakfast at school?
>> Yeah. Joey eat a shake and then Kendra eat breakfast at the house before she goes to school.
>> Okay. What type of shake?
>> Uh protein shake like a mixed banana and >> Okay.
>> Different mixture shake.
>> Okay. And uh and again, why do you want to what has changed? What has happened since we're in court in September? Why you believe that the court should alter this residential schedule?
>> I want more time, my kids. Um and then also she has said that she would keep the kids away from me since we didn't tell her about a council ball game.
>> Okay.
>> She was supposed to be in the group text with the coach.
>> Okay. Kendra started playing softball.
>> Yes. Um, did all the parents sign up on a Remind?
>> Uh, well, she signed up late, but then Tina added her when the coach text me, then I sent it to Tina. Uh, and she text me back saying that she added herself to the group chat.
>> Okay. And did a ball game get cancelled?
>> Uh, yes.
>> And did had was there a conversation between you and her online? You didn't call her about a ball game being cancelled?
>> Uh, no. She just said something about it and uh I said I thought she was in the group text and that's when my son let me know that she said that she wouldn't give me any more extra time with him because of >> But has she done has she given you any extra time since that?
>> Not since then? No.
>> Okay. So you're stuck with the exact same schedule?
>> Yes.
>> So have you called and asked for additional time?
>> Yes.
>> And she's refused since this ball game incident?
>> Yes. My son went and worked with me last week on the fall break and she was letting him do that.
>> Okay. Did and did you get half the fall break if you got them this week? Did you get them last week?
>> Yes, she had them last week. I haven't >> Okay. Now, um can you get them to and from school?
>> Yes.
>> Get their homework?
>> Yes.
>> And are you concerned that that again the judge ordered y'all to work together?
>> Yes.
>> And has that been happening up until most recently?
>> Yes.
>> All right. That's all. Thank you. Yeah, she still has a question.
>> Miss Mark, you made a question with us.
>> Um, >> uh, when you guys were practicing 50/50, uh, you did have attendance issues, correct?
>> Uh, no.
>> The school did send you a letter that the juvenile uh, court was going to be involved if they missed any additional school. No, I've never received that letter.
>> So, you've you've never seen that letter? I know it's been produced in these previous marks, you're breaking up. If you'll repeat your question, please.
>> You've never seen that letter?
>> No.
>> I apologize, your honor. Um, you have never seen that letter. I know it's been produced in these proceedings previously, but your testimony here is that you have never seen it. Is that correct? I remember seeing that letter saying that the juvenile was going to be involved.
>> And you um have never taken the children to a doctor's appointment. You just testified. Is that correct?
>> Uh not since we have been split up.
>> They're non-emergency medical expenses.
>> That's all I have, your honor. All right, >> that's all.
>> Thank you. You may shut down.
>> I will call um Miss West.
>> Miss West, if you'll raise your right hand, let me close you under oath.
You solemnly swear affirm the testimony you're about to give in this case to be the truth and nothing but the truth and help you God.
>> Yes, sir. Right. Thank you, Miss West.
>> Um, you understand when we were in court on the 28th, the court uh admonished both of y'all to work together with one another and and set aside your differences and work together for the best interest of your children. You would you agree with that?
>> Yes.
>> And since the entry of that order, there have been occasions where um Mr. West has had the children more than what his ordered residential time is. Isn't that correct?
>> Can I explain my answer instead of saying cuz the answer would be no because you said children. Um that would mean both. It has only been my son.
>> Okay. Well, again, so there have been occasions that he's he has not had Kendra any extra time.
only on one weekend he had asked me if um he could take the kids with them to Gatlinburg and I agreed to that.
>> Okay. And but then other than that, Joey, the son, he's been with Mr. West uh quite a bit more than what the residential schedule calls for. Is that right?
>> My son has asked me multiple times if he could, and I never wanted to let my son down. So, I allowed him to go on weekends as long as it did not affect school.
>> And again, except until last week over fall break, he asked to go with his dad and he refused >> because it was fall break with me.
>> Okay. Were you off?
>> I was working from home a couple days.
Yes.
>> Okay. So, just two days of the 14-day fall break and you had half of it. So you did is your testimony you're under oath that you did not go into work at all last well do you have them this week or you have did you have them last week?
>> I had them last week >> and you didn't work anytime last week from from uh left and go to cheetah county and work. Did you?
>> Yes.
>> Where were the children?
>> Daycare. My daughter was at daycare.
>> Where was your son?
He was at home or um >> Yeah, he was at home.
>> Okay. Uh and he had asked to go hang out with his dad and he refused.
>> Correct.
>> And why was that in retaliation? Because you didn't get a group text. They got your daughter's baseball game or softball game being cancelled?
>> No, ma'am.
>> Did you tell your son that you weren't going to give him any extra time with his dad?
>> No, ma'am. You never said that to Joey?
>> No, not because of that. I When that text message came out, it was I was saying the coach is um wishy-washy on informing us when the games are happening or not. And I said, you know, if this keeps happening, I don't know if Kendra would want to stay in this group.
I'm not sure where the whole thing came from. of saying keeping them from the father that that never came up. It was my daughter playing in that on that team.
>> Okay. So you didn't in response to you getting angry with Mr. Did you get angry with Mr. West because you went to a ball game that had been rain practice that had been rained out?
>> No. No, I didn't uh talk to him. I was actually talking with one of the other ball moms and was saying that I had reached out to the coach to be added to the group texts so this wouldn't happen again of us going to the ballpark and nobody being there and then I got added.
So I mean all that got sorted out >> and you didn't retaliate or tell your son that because of that you weren't letting him go with your his daddy anymore except his designated days.
>> No. Okay.
But y'all when when they gone they the children again I looking at their school records they've not been laid one time since the 28th of September when they've been with their dad.
Isn't that correct?
>> Wait. No.
>> They've not missed any school unexcused absences have it?
No, >> he has purchased me if they have again with Kendra playing ball. He's purchased he paid the sign up fee and he bought the equipment she needed.
Correct.
>> To my knowledge. I I guess I'm not sure.
I don't know if he has or if he did or someone else did or I can't answer that.
Well, you can answer that you didn't, can't you?
>> No, I did not. Okay.
>> I have not been informed of any cost for when my daughter was being signed up or for any cost of equipment because we have equipment at the house from when my son played. Um, she would have been able to use it and she's um used some of Kayla's daughter's equipment as well.
>> I do know that. But he's made sure that they were she was outfitted with the appropriate stuff that she needed. Is that correct?
>> To my knowledge. Yes. She shows up there in pants and a shirt >> and with a baseball with a baseball with a softball bat. Not a baseball bat and a helmet that fits.
>> Yes.
>> Correct.
>> Yes.
>> Okay.
Now, in addition, I think you talked about that Joey, your son's phone, you had purchased a Cricket phone for him.
Is that correct?
>> Two previous ones >> and it quit working.
>> Um, no, it worked.
>> And did you not tell him tell and say your dad will go get it fixed for you >> for when? when he his his father replaced the phone for him after his phone quit working, didn't he?
>> It didn't stop working.
>> Okay. Well, did he replace the phone for him?
>> Yes, he Yes, he bought him a new phone.
>> Did he give you the information and the log on and everything that you could use it and communicate with him?
>> No.
>> You don't have the number?
It's the same number.
>> Okay. So, he just ported it over to a newer type of phone. Is that correct?
>> To my knowledge. Yes.
>> And you're able to call and communicate with your son when he's at his dad's or anywhere else.
>> Yes.
>> Have you gone on any vacations with your career that your children have not gone on?
>> It was never my week or my time.
>> I didn't ask that.
Can you answer my question, please?
Ma'am, >> object.
>> I haven't been any >> since September 28th when we were here the last. Have you been on any trips or vacations but your children have not gone with you?
>> Your honor, objection relevance. If she's saying it's not when she had her children, >> it goes to the issue that if she's gone and she's left them and she's gone out of town without her children, my next question is going to be, well, who were your children with? And I assume that she's going to say it wasn't her time that they were with their father. And I'm going to ask her then the question as they were taken care of and you felt secure enough to go out of town and leave them with their father uh when you were traveling with your parent. So again, that is relevant if you see my series of questions. Well, I'm going to over the objection allow it to be asked.
I think it it more or less goes to Miss Roberts trying to show what kind of care Mr. West gives to the children when they're in his possession. So, >> so again, can you answer my question, ma'am? Have you gone out of town on trips without your children since the last time we were in court?
>> Yes.
>> And who were your children with?
>> Their father. And you >> to my knowledge >> well again you were comfortable enough to leave and go out of town on social events with your boyfriend um and leave the children in the care of their father while you were out of town. Is that correct?
>> As long as I have communication with my son.
>> Okay. And again you have had communication with your son when you've been out of town. You haven't been denied access. Is that correct?
>> Correct.
and they have done well when you have been out of town with their father.
>> Yes.
>> Okay.
Is your And your I believe you testified the last time your boyfriend lives in Adams, Tennessee. Is that correct?
>> Yes.
>> And so that is up towards Clarksville up in north of Clarksville. Is that correct?
>> Yes. Close to it.
>> Okay. And do you frequently go there?
Um, not all the time.
>> Do your children go there?
>> Yes.
>> If I have them, then they go with me.
>> Okay.
>> And is that anytime during the week?
>> No.
>> Just on the weekends?
>> Yes.
>> Usually one day on the weekend.
>> Okay.
>> And again, you understand y'all were doing week to week before the criminal charges came into effect. Is that correct?
Yes.
>> That's all. Thank you, ma'am.
>> Miss Marks, if you'd like to question your client and go ahead and address anything that's pending before the court.
>> Yes, your honor. Um, we entered a temporary parenting plan a year ago. Do you believe that that temporary parenting plan is still in the best interest of your children?
>> Yes.
>> Can you tell us a bit about how that plan's been working?
Um, it's been where it's stable to where I mean they know when they're going to their father's and it's only for you know what is it? One two mornings going to school and two afternoons being picked up. Um, so I don't have to worry about any issues as far as um being late or going to bed late. um they have loved this schedule um cuz we have our own stable um schedule where we go to bed at a certain time. We have our own schedule in the mornings where we get up, we get ready, we get on the bus. Um it's structure with them and that's what kids need is the structure and the stability to be able to do good in school. Um I've to my knowledge I' I've known that them they have been late multiple or not late they've almost been late. My son >> facts not in evidence and lack of foundation.
>> All right. Uh the objection is to facts not in evidence basically arguing that there's no testimony at this point.
>> That's okay your honor. I'll get there in my questions. Um >> you cannot let me let me just state that for Miss West. Miss West, you cannot repeat what your son or someone has told you about these situations. If there's some personal knowledge you have about him, that's different.
>> It's it's uh personal from where I have seen on the app that he had me install on my phone. Um where it tells me when he gets to school. Um there's been multiple mornings that it has been near two minutes when the last bell rings.
And my personal experience, I I don't like being, you know, when I was in school, I didn't want to be there right at the the bell because it would just ruin the whole day where you're trying, you don't have time to settle.
>> Have you allowed father additional time when available on non-school days to see the children when he's requested?
>> Yes.
>> And is it your intention to keep father from the children unnecessarily?
>> No.
Um, and and you want to support that relationship between your children and their father um as long as it doesn't interfere with school. Is that correct?
>> Correct.
>> Uh, and what concerns do you have about switching to a 50/50 plan?
The biggest concern is that when we were doing 5050, there was so many issues of him being asleep all the time. Um, not knowing if maybe he has a sleep disorder. I don't know. But there had been multiple times even on my daughter's uh fth birthday where I wanted to surprise her um during lunch and I came home to him being asleep uh at noon while she was playing with makeup on the couch. And there had been multiple occasions where that had happened um to where I would come in cuz this was when we were sharing the home and on his week he would be in the home and then on my week I would be in the home. When I would come home the the house would be destroyed. There would be trash all over the counter.
Toilets were dirty. There would be no toilet paper. There was times when I'd come and there was no dog food um where he would apologize and say he forgot and I'd have to go get dog food and I'd have to go get toilet paper. Um there was just multiple occasions that scares me to death that he will lapse back into those issues.
Um, and you testified uh earlier that your son has has an application on his phone um that you can keep up with his location. Is that correct?
>> Yes.
>> And he he's aware of that application.
He's allowed you that permission.
>> Yes. He uh he found this Life 360 app and he created two accounts. One for between me and him and one between him and his father. So then, you know, it it doesn't put it together. And his was the joking saying that he wanted to know where I was at and making sure that I wouldn't go get dessert when he wasn't around or something. Um, but yeah, he he knows.
>> I'm sure the court is is very familiar with that app. We I've seen it often.
Um, so you can see on that when the children are out late. Is that correct with you?
>> Correct.
Um and and there was an instance last month on a school night when this happened. Could you tell us about that?
>> Um they were he had promised them to take them to the fairgrounds and um they were I think it was like a a demolition derby or something that was going on and they were watching it and he promised them that they would ride the rides after the demolition derby which this was on a you know I think a Thursday night. Um it was the first night he had them um that week and um the demolition derby was going on so late and I had you know was writing my son how how was it going and everything and he said it was going over but they still had to ride rides afterwards and I said well it's a school night you know I really hope that you know y'all can wrap it up and get in bed and he's I always joke with him like you know how I am about bedtime. Um, so I went to bed and when I got up I was able to look back and notice that they didn't leave until 11:44 that night um the fairgrounds and I had asked my son about it and um >> anything that son says >> there's an objection by Miss Roberts to any statement the son made. Miss Marks, >> she's not testifying to the truth of the matter. It's just her impression and the basis for her impression.
>> An objection to relevance.
>> Well, her impression would be irrelevant since it is um the question is whether or not she's testifying that he's kept the children up late and and let him out late or had him out late. So, her testifying the son said anything to her would be in my opinion if not introduced for the purpose of proving that fact would be irrelevant. So, sustain the objection.
But you were able to see on that app that they were out until what time was it?
>> Uh they didn't it showed they didn't leave the fairgrounds until 11:44.
>> And this was on a Thursday when the >> Thursday night the following Friday.
>> Yes.
>> Um and and you and father do you work together? You attend these softball games together. Is that correct?
>> Correct.
>> Um and there have been times when your daughter has not been feeling well and she's asked to lay down. Is is that correct?
>> During the game >> or just when you're at these outings?
>> Oh, yeah. Last night it was I'm I'm tired. I'm tired. I'm done.
>> And on one of these instances um you helped her to lay down in father's truck. Can you tell us about um the safety features that you you saw in his truck when you were helping daughter into his truck to lay down? Um, this past Monday was my it was my son's game and she wanted me to walk her and put her in the truck. Um, and I did notice there was no car seat um in the truck. Um, I do know that they had been out working with him all day and I'm assuming that there had been no car seat during the day. I don't I don't know if or why if it would have been taken out or had been taken out for before the game, but um when I went to go put her in, there was no car seat.
>> When the children return back to you after father's parenting time, are there issues with wearing seat belts?
Yes, it it is it is like pulling teeth to remind them every time we get in a vehicle you have to wear a seat belt and um to where I I'm assuming that they're not having to with him because this happens to >> her assumptions are not relevant.
>> I'm sorry. her assumption. She said, "I'm assuming that because the kids don't want to wear seat belts, she's somehow plays in the blame game that her she's assuming and object to any assumptions that just want to make someone grounded in fact."
>> All right. Well, I think it would go to the wait and it is an assumption on her part. Uh so I would sustain the objection.
Um, with regard to your daughter, uh, Kendra, um, can you tell us a little bit about her her schooling issues and your conversations with the teachers, um, previously when you were practicing 5050?
um which she was in daycare then um but when uh now I have communicate with the teacher about how she's doing um because um just they're not testing her for ADHD. Um that was said previous. Uh I don't know where that came from. Um they are not testing her. Um if they were I would definitely tell him. Um but I do keep in touch with the teacher to um keep up with seeing if she is um paying attention or you know being outspoken or or acting out um or anything like that.
Um but the teacher has said that she has been doing good and so um we haven't pushed any issues of trying to go further of testing her on anything of as far as a 80 ADHD.
Um but so far she's doing doing good.
>> And does your son struggle with his eating?
Yes, he struggled a lot um in uh early 2020 um to where when we uh he had a doctor's appointment, we went and his uh results were uh really bad to where they wanted to uh check his heart and um uh for him to go to a pre-diabetic clinic um and do further testing. Um when we did um or when we heard about it from the doctor, I we me and him immediately sat down and started talking about um actions to take as far as cutting out Cokes, no more fast foods. Um and like the uh the protein powder shakes is what I got him on lately that um he really loves them. Um but so from the time we went to the doctor to the time we went to the clinic, they said he his numbers were amazing um in that short amount of time that we were able to get them fixed other than his cholesterol um which they feel that it could be um a hereditary or a genetic uh cholesterol issue um which is what I have. But it's not high high it but it's borderline high. Um but since then um we have been having to watch his uh eating as far as doing the protein shakes having more uh fruit and um vegetables. The vegetable part is always hard.
>> Yes. Um and and you you took him to the doctors.
>> Yes. That was when they um where White Bluff County um police department said that he was not allowed to be around the kids um for that six months of 2020.
>> And has father taken him to the doctors um on this issue or otherwise?
>> No. Um, and when, um, your son is at your house, um, what sort of routine do you have in terms of making sure to support him in his endeavors uh, to to remain healthy and on track?
>> Um, we took out all Cokes in the house.
Um, I don't do 2% milk anymore. Um, just almond milk in the house. Um, we do the protein shakes. I've got the bananas or frozen bananas. Um, we even do the zucchini noodles now, um, to try to help on the cholesterol part, uh, from regular noodles. Um, so we make our own, uh, zucchini noodles and, um, and just making sure he slows down on eating because that was another big thing with him is just eating like somebody's going to take his food from him.
>> I understand that. I have the same problem. and lots more water.
>> He would never drink water before, but now it's water, water, water.
>> Um, do you have concerns that father is not providing the same healthy eating options to your son?
>> I get concerned because I do know that they go to Burger King, McDonald's.
Um, I haven't stepped foot in those places in two years or so. Um they do beat out. Um they got on a big kick pizza all the time. Um just I I know that there hasn't been that many of cooked foods.
>> Objection. Unless you can lay a foundation. The >> objection is to the basis for knowledge.
>> What gives you that impression?
Well, Miss West, you you you have any basis for knowing whether or not there are cooked foods in the house where Mr. West lives? That's the objection.
>> No, that part I don't know.
>> But I know when they go too fast.
>> Thank you. I sustain the objection.
>> Do you believe the present plan is in the children's best interest?
>> Yes.
>> Do you believe switching the plan in the middle of this school year would be disruptive to the children?
>> Yes.
Um, prior to the arrest warrant, you and father were exercising 5050. Uh, do you believe that that was in the children's best interest?
>> Yes and no. When when there was so many issues that were going on, >> well, as far as safety issues, >> what what issues existed during that time? I I know I'd asked Mr. West about an attendance issue. if you could speak to that.
>> Um the the attendance issue.
>> Yes.
>> Um there there was times where um my son would not get up and get on the bus in time. So then he would miss the bus and um to where then he would have to try to get his father up to um take him to school and time that happens then he would be late. Objection, lack of personal knowledge, assuming facts, not in evidence appear based on hearay.
>> Well, there are three legal basis asserted for the objection essentially alleging that the only way Miss West would know this is because she was told these things. Miss Marks, do you have any exception to the hearsay rule?
>> No, your honor, I can get there a different way.
>> Sustain the objection.
>> You received a letter from the school addressing attendance issues um when you and Mr. West were exercising 50/50. Is that correct?
>> Yes.
>> And there were unexcused absences in that letter?
>> Yes.
>> And were they during uh your parenting time?
>> No. Again, I'm going to object. It still calls for hearay.
>> Unless there's some exception to the hearsay rule, it would seem to me it still constitutes a statement made outside of court being introduced to prove the truth of the matter asserted therein, which is classic hearsay.
>> Um sustain the objection.
>> Find that letter if I have a second here, but I I've already put on that proof of this previous hearing, so I'm going to just move past it with the children when they're with you.
Do they have any attendance issues?
>> No.
and and you are able to track your son's phone um on your personal device and and you can see that they've been near late on multiple occasions during father's time.
>> Yes.
>> Um have in terms of medical expenses for the children, how are those presently paid?
>> I I have paid all of them.
>> And have there been times where fathers refused to contribute to medical expenses?
>> Yes. Can you give us an example?
>> Um, there was one time, um, if I can remember, uh, February 10th of 2020, um, my daughter had the flu and it was his time, um, or they were with him. uh she had to have flu medicine and he contacted me saying that I had to come to the Walgreens in Belleview and pay for her uh medicine.
Um so of course I immediately got in the car. This was 7:00 7:30 at night and I went got the medicine. It ended up being $211.99 and I got it, gave it to him, and I was trying to give him the receipt. He wouldn't take it. And so then I ended up uh text messaging it to him, and all I got in response was, "Haha, um uh sure it is." Or, um, can't remember the exact words. Um, >> that's okay.
>> Haha. If you say so.
>> You never received payment for those expenses.
>> No. And I just asked if you would give half of that one. And he that was his response was haha. You know, if you say so. And the,300 plus so far that my son has accumulated.
Um, I haven't received anything on on that. And you make less than father. Is that correct?
>> Yes.
>> And and you have no objection to him purchasing the children new gear or cell phones um if he so desires. Is that correct?
>> If he desires.
>> But you don't you you have an issue with obligating yourself to paying for those things because you don't have the financial resources always to do that.
Is that correct?
>> No. Not after the fact. when you know if you just throw you know somebody a$1,000 bill you know some people just can't do that >> and and right now um the way that you've been paying for for child care and daycare how has that been working >> um I've been paying uh the before and after school care at the school >> um and and right now you have decision making after you confer with father Um, have you been discussing with him before a final decision has been reached >> for medical, non-emergency medical, extracurriculars, um, uh, religious upbringing and, uh, education decisions.
Um uh some of the final decisions that I had made where I had said no was where he had asked um if uh our son could race in a big car on a track with adults and um I communicated with him saying you I do not feel comfortable with that. He's not old enough. Um, but we did communicate back and forth and that was one of the uh the times when I had to give a final no.
>> But you do try to work together, you know, whenever warranted. Is that correct?
>> Yes.
>> But you believe that in it's in the children's best interest for you to maintain the decision-making authority if you can't reach an agreement?
>> Yes.
Um, and you believe it's in the children's best interest for one parent to have decision- making authority because you and Mr. West do have some communication issues.
>> Yes.
>> Have you always been the primary parent for the children?
>> Yes.
>> Since day one, >> the the one to make non-emergency medical decisions?
>> Yes.
>> Have you always been the primary parent to make educational decisions?
>> Yes. Do you believe it's in the children's best interest to remain the one to make those decisions on their behalf?
>> Very much so.
>> That's all I have, your honor.
>> All right, M. Roberts, you may redirect.
>> So again, prior to him allowing the your son to race on the big track with uh in a bigger car, adults, he contacted you, asked you for your input, you said no. knowing your child hasn't done that, has at the end I said no, but we did communicate and discuss it out and I gave him the reasons of why. Um, and he discussed back with me other reasons of why it is safe and I come back with the why I don't believe it's safe and then it ended up with me saying no.
>> Okay. But he reached out to you. He had your child during his parenting time that he wanted to to inquire with you and says, "Look, can he do this? What are your thoughts?" And y'all discussed it.
>> Yes.
>> Okay. And you said no. It's the final arbiter.
And to your knowledge, your son, everybody's complied with that, correct?
>> To my knowledge.
>> Okay.
this um when your daughter had the flu.
This is not February of this year. It was February of last year while y'all were doing the 50/50 split. Is that correct?
>> Correct.
>> So you agree y'all have been now going on over two years of not living together and for the significant period of that time. The first year y'all were doing the 5050 split. Is that right? Six months, eight months. Um it was more of two or three months that we were doing the 5050. Um before that we were actually both in the home during both our times. Um which didn't work out too well just because I pretty much had my daughter the whole time and he didn't get to have any parenting time um if I was actually in the home. So when I would leave on his week, that was only for 2 or 3 months before he um had to leave the home in March 2020.
>> But in February when he had the child, you were gone and he called you because you had their health insurance card. Is that correct?
>> He didn't call because I had the health insurance card.
>> He did you have the health insurance card?
>> Yes. He had previously asked you to give him a copy and you refused, didn't you?
>> No, he had a copy then.
>> In February, he had a copy. You sure?
>> I'm pretty sure that he had a copy.
>> And then this >> he put a copy in his wallet. Um he asked for one and u I'm not sure when it was, but yes.
>> So you don't know whether it was this February and he was there carrying a child.
>> This was this was be this was before February.
>> Okay. of 2020.
>> Yes.
>> Okay. And when have you sent him that this $1,300 of you say that your son has accumulated, when did you forward those to him?
>> We've talked about them in one of the hearings.
>> When did you send these bills to him?
>> I I haven't because we >> That's what I thought. All right. Um, but I can definitely do so.
The your children have not been late from school to school.
Again, I don't I don't mean this again.
I'm a pun and with uh your attorney being pregnant, but being late, you're either it's like being pregnant. You either are or you are.
Your children have not been late to school since September residential schedule started happening.
>> To my knowledge, no.
>> And you talk about the fact that that you're concerned about the eating habits, but you know, it was interesting that you said that your son, the life 360, so both of y'all can know where your children are when they're with you or with with their dad. that he want your son wanted to put it on and your words were my son told me he wanted to put it on there because he wanted to make sure that I wasn't going to get dessert without him. Those were your words.
>> That is that is a joke that we have because we were both doing the exercising and dieting.
>> Okay. So again, if your your son was making sure that you didn't cheat on him and you don't know that he cheats cuz you heard your husband testify that he has his protein shake at his house just like he does at your house because that's I came up with it and then I said if you want to keep doing it, you know, you can always suggest uh to have it over there as well.
>> Okay. And do you know how many times you've been to Chick-fil-A with your kids?
No, I don't know how many times.
>> Quite a few, haven't you?
>> Not Not quite a few. It's actually been a long time.
>> Well, how long you go to Chick-fil-A?
How about Don't y'all like to go to Blue Close Burrito?
Yep.
>> All fast foods, I think.
And there's other fast foods that you go to that that on your checking account.
You do you use your debit card when you go there?
>> Not every time. Sometimes.
>> Okay. And your credit card, your debit card show that you're carrying your kids and getting takeout, too, aren't you?
>> Takeout, >> fast food, drive-thru, Chick-fil-A, Blue Burrito. Those are only two um places that I can think of that we've been to.
>> Okay. No other drive-thrus.
>> Um not that I can think of right now.
>> But you have been to others >> possibly. I I couldn't I can't answer that because I I can't remember.
But I do know we have been to Blue Coast before. We have been to Chick-fil-A before.
You testified your daughter's doing well in school.
>> Yes. Okay.
>> And again, your daughter's not in a car seat. She's in a traditional car seat. She's in a booster. Correct.
>> Yes.
>> Okay.
>> Did Mr. West know you were going to his truck?
>> Yes.
>> He had no problem you looking through it, did he? He didn't say, "No, you don't go."
>> He opened the door.
>> Did you actually have the keys?
>> No. He walked with us and he opened the back door for me to put her in, but then he ended up putting the uh ball equipment there and then asked for Kendra to go around to the other side and get in. Um, but when he opened the door, there was no car seat.
Okay. Did you look in the back of the truck?
>> That's where we were.
>> You were in the bed of the truck.
>> No, we the the back seat.
>> Okay. Did you look in the back bed of the truck?
>> I'm not sure why a booster seat would be in the back of the in the bed.
>> I didn't ask that. Did I ask you? Did you look?
>> No. Okay.
>> It's a utility truck. It doesn't have like a a bed.
Well, it's got compartments and it's got a place to put things down. Correct.
>> Not big enough for a booster seat.
>> Okay.
>> Did you look throughout the truck to see if it was sitting anywhere else?
>> It's not my property to look through.
>> Exactly. So, you don't know what was in that truck, do you? Now, >> I do know that there was no booster seat visible >> visible >> inside the part where you sit and buckle up. There was no visible booster seat.
>> Look in the front seat. There's no visible booster seat.
>> That what I asked, ma'am. I asked you a very simple question. Did you look in the front seat?
>> There was no booster seat in the front seat.
>> Yes. I would request that you direct the witness to answer my question. It's very simple question.
>> It is a question that can be asked by answered by yes or no. And then you can explain when she's asking you to look in the front seat. Just answer yes or no.
And if you didn't see it, you didn't see it. booster seat's big enough to see it if it's there. So, I think you are trying to answer, but you're not directly answering it. So, just tell Miss Roberts whether or not in answer to her question, you looked in the front seat or the booster seat and then you can explain from that.
>> Yes. Sorry. Yes.
>> You want to explain anything beyond that to this would be the time.
>> Right. When my son opened up the front, there was no visible booster seat in the front as well, which I don't think she's able to sit in the front either at her age.
>> Thank you.
>> And again, this is a booster seat that's not locked in.
She uses a regular safety harness and seat belt. Correct.
>> Correct.
>> Okay, that's all y'all.
>> Anything further, Miss Marks?
There you are.
>> Let me ask a couple of questions. Um, Miss West, make sure I'm understanding things. This past summer when the children were out of school, of course, your daughter just starting school if I understand correctly, but this past summer when they were out of school, did you all keep the same schedule that you previously had from th he would have them from Thursday afternoon through Sunday or was it during the summer that you had additional time? Um during the summer um I said that it was okay to do um every other week um because it didn't affect school >> and I was okay with that.
>> During the summer you did the alternate weeks. Is that correct?
>> Yes sir.
>> And then um what your main concern if I'm understanding correctly is about the school issues. Is that correct?
>> Yes.
>> Now your son is 13. You understand five years he's going to be able to go do whatever he wants to do with whoever he wants to do. He'll be legally an adult.
Hard to think of that sometimes, but in five years u he will be able to to live wherever he wants. So the question is is that is he wanting to spend more time with his father? Is what I've understood you to say is that he wants to see his dad more frequently and to your credit you've allowed that to happen. You try to coordinate it. Is that correct?
um only when um they're doing uh go-kart or racing. He just wants to go to the track.
>> Okay.
>> He hasn't said that, you know, he wants more time, so I can't really answer on him.
>> Right.
Okay. Anything further?
>> Not for all right, M. Marks. Anything further?
>> No, your honor.
>> All right. Then M. Roberts, do you have any other proof?
>> Yeah, I would just recall him briefly.
>> Mr. West. If you'll come around, I'll remind you you remain under oath.
>> Mr. West, since we have been in court that camera can take care of it. Thank you.
>> All right, Mr. West, since we were in court in September, have you been presented any medical expenses for any of your children?
>> No, I have not.
>> Have you been advised that they have been to the doctor between now between September 28th and now?
>> No.
>> So, if there were any medical visits, were you again, y'all have to make joint decisions about any medical decisions?
Is that right?
>> Correct.
>> So, $1,300 worth of medical expenses have been incurred since we are in court since September. Were you aware that your your son went was prescribed anything? Did have any tests, anything to that effect? until after the fact I found out from my aunt.
>> Okay. You're willing once you get the bill, you're willing to pay your portion. You understand that you should pay half of those medical expenses?
>> Yes, ma'am. Whatever insurance don't cover.
>> But again, I haven't received you haven't received any expenses. Is that correct?
>> Correct.
>> Does your tell me how you transport your children?
>> Uh either I'm in my service truck or I'm in Kayla's car.
>> And how old is your daughter?
>> She is six.
>> Are you familiar with the laws of the state of Tennessee? children having to be in car seats and booster seats.
>> Yes.
>> What how tall is your daughter? How heavy is your daughter? Where does she fall in that parameter? Is she still in a a uh car seat with a with uh that has the buckle itself or is she in a booster seat?
>> Oh, she's in a booster seat and can be pulled out and pulled in and then she fastened with a regular seat belt.
>> And do you have your children when you transport your children, how do you transport them? Are they buckled up?
>> Yes, buckled up. Joey always buckles up.
Uh, usually we'll tell Kendra to buckle up. She don't do it as much as Joey does. And then she'll buckle up and then we'll get to sleep.
>> Do you have a booster seat of your own?
>> Yes.
>> What? On this night?
>> Pardon?
>> Have two.
>> And why do you have two?
>> One in each vehicle.
>> Okay. And do they stay in that vehicle?
>> Yes. You've heard your wife testify that that she walked with you and your daughter and son to your truck after one of Joey's ball games.
>> Yes.
>> And she said that she had a clear vantage point. She looked in both the front and the back seat and there was no booster seat for your daughter.
>> Yes.
>> Is that true?
>> No, it it was not in the vehicle. I had to get it out of the back of the truck cuz I had to move some stuff to get his ball equipment out.
>> Okay.
And did she before you left, was she in her booster seat?
>> Yes.
>> Was she buckled up? Yes.
>> Do you engage your car and drive until your children are buckled?
>> Yes.
>> You do.
>> Or >> do you do you drive your car? Do you start driving until your children are buckled in?
>> No.
>> And they're both of age where they can buckle themselves in.
>> Yes.
>> And she says she has a terrible issue with them getting buckled when she's with you. Do you have that when they're with you?
>> Uh like I say, Joey always buckles up.
Kendra, you'll have to tell her. Uh but other than that, no.
>> Okay. Does she drink when you tell her buckle up? Does she do it?
>> Yes.
>> Okay.
>> Have there been any safety issues while you've had your children?
>> No.
>> Have they been injured, hurt?
Anything happened with them while they're with you?
>> Other than losing teeth? No.
>> Okay. And who lost a tooth?
>> Kendra. Yes.
>> And what did you do when Kendra lost her tooth?
>> Uh, we let her mom know, sent her pictures and put it under to bed or pillow for tooth fairy.
>> Okay. Did the tooth fairy come?
>> Yeah, unfortunately.
>> Okay. Um, was Kendra aware? Where's that month? Where's that two food month?
>> Uh, she has a foot up in the bank.
>> Okay. And um, do you allow your children to eat junk food other than again you talked about you at your ball game? If you're at the ball game, you'll grab a hamburger.
>> No.
>> Do you drive through McDonald's sometimes?
>> McDonald's? No.
>> Do you What do you drive through any fast food places?
>> Uh, we have at Burger King occasionally.
Uh, it's not all the time. If we're out working and it's lunch and Joey's with me or Kra and Joey with me like this last week they had both been with me then uh we'll go by Mac or Burger King.
We don't go McDonald's Burger King grab a sandwich and keep on going.
>> Okay. Uh are you you heard your wife testify that that your son went and his numbers were remarkable. They were was that before September or after September?
>> Uh that I'm not sure like that. She has not related any of that information.
>> Okay.
Do you do you are you mindful of and you've heard that she said she's got hereditary cholesterol problems and that your son may >> Yes. Okay.
>> Are you mindful of what he eats when he's with >> Now y'all had a week toe schedule?
>> Yes.
>> Correct. During the summer?
>> Yes.
>> How did that go?
>> It went good. They got to spend more time with you and they loved it.
>> Okay. And they got to spend significant time with their their mother.
>> Yes. Were there any issues between you and her?
>> Uh, no.
>> Okay.
>> Now, you knew she has Life 360 access to to your son's phone?
>> Yes.
>> Again, we live in a small town where the Dixon County Fair used to be a bigger deal than what is, but again, did you carry your children to the fair on Thursday night?
>> Yes, we did. Um, and how long did you stay? Uh, >> we stayed till about 10:15.
>> Okay. And did you go home?
>> Yes, we went home.
>> And what did you find out when you got home?
>> Uh, we got him ready. Jo the kids ready for bed and then found out Jo left his phone and burn the bleachers.
>> Okay. What happened then?
>> I ran back and got >> Was it still there?
>> Yes.
>> Okay. Approximately where did y'all see it?
>> Uh, it was at the top bleachers um by the announcer station.
>> Okay. Was the fair still going on at 11:15? I mean, what time did you Excuse me. Let me rephrase the question. What time was it when you discovered that his phone was not there?
>> Uh, it was about 10:25. We live about 5 minutes away.
>> Okay. And did you drive back and find the phone?
>> Yes.
>> Did she testified that you did not did that? Life 360 showed that y'all did not leave until 11:44. Was that correct?
>> No.
>> Is that what time you went and found the phone?
>> Yes.
>> Okay. Were people still there?
>> Uh, they were clearing out.
>> Okay. Okay. And uh did your children go to school the next day?
>> Yes.
>> Were they on time?
>> Yes.
>> Uh although we don't have it, you would have had the children and you would have picked them up. They would you would have dropped them off on Friday and then you you would have she would have gotten them on the Monday after you dropped them off on Monday.
>> Correct. I did you look and see were there any discipline issues or missed work or anything on that Friday? There was not.
>> Okay, that's all. Thank you, sir.
>> Mark, do you have any questions?
>> Just a few more, your honor.
>> Um, you just testified that you went back to the fair when Dory left his phone. Who was with the children?
>> Kayla was.
>> Who is Kayla?
>> My girlfriend.
>> Um, and do you leave your children with your pair more often?
>> No.
Uh, you testified that you have a 24-hour business, correct?
>> Yes.
>> And have you ever taken call when you had your children?
>> Not that I have took it personally. I do have a worker that works for me. So, he will run emergency calls.
>> So, you have never left your children with your paramore to go to work.
>> Unless they wanted to stay, then no.
>> I couldn't hear you. What was that?
>> Unless they want to stay, then no, I have not.
Um, and I know, uh, Miss Roberts asked my client about fast foods. I know you testified to Burger King, but you also frequent Arby's, McDonald's, Thordans, Hardies, Sonic, uh, to name a few. Is that correct?
>> Uh, not with my children. They don't like Hardies and they don't like Arby's.
>> So, you don't you don't take your children to fast food except for Burger King?
I mean, they've been to Burger King and we've been to Blue Coast Burrito, Chick-fil-A.
Uh, I mean, regular food.
>> I mean, I don't have a problem with Chick-fil-A. That's a Weight Watchers approved. I I I understand. Uh, you know, sometimes you need it, but I I I do have your credit card statements pulled up and you do frequent uh the fast food restaurants, but um I'll accept your testimony that you only go to Burger King and and those other restaurants with your children. Uh, that's all I have, your honor.
>> Anything further, Miss M. Roberts?
>> Mr. West, you and I could both stand to lose a little weight, couldn't we?
>> Yeah.
>> And not free, but these places that we like to eat.
>> Yep.
>> That's all. Thank you.
>> Thank you, Mr. West. You may sit down.
Mr. Roberts, call your next witness.
>> That's our proof, your honor.
>> All right, Mr. West has rested his proof. Mr. Marks, do you have any other proof?
>> No, your honor.
>> I'll hear you an argument, Miss Roberts.
Your honor, again, this is a situation where we were here over a year ago. The parties were separated several months prior to that. Um, and they were doing a week toe schedule.
When we had the testimony that your honor is familiar with, your honor reinstated my client's risking time, gave him some extended time, and because of, again, I I I hate to use this pandemic as an excuse and and whatever, but again, the fact is is we are now going to be two years hence they separated before we can even get a final hearing date. Um, if we can even do it at that point in time. So my client has again these criminal charges were dismissed. He did without his children but because of false criminal charges being lodged against him. He went without his children for a number of months and then we had to go back into this indoctrination period again and then and he has done everything that the court has requested.
So what I'm asking simply is the same leeway that you offered these parties at the hearing in September to do it now.
You put provisions down and said there will be y'all will communicate with one another. You will cooperate with one another. You will not have any excess tardinesses. You won't go they won't have any unexcused absences. And I'm going to see how y'all work together when we come back. Well, both to these parties benefit. They've talked to each other. They've communicated with each other. They've made joint decisions. Uh again, one classic scenario that Mrs. West brought up was that my client reached out and said, "Hey, he's go-kart racing. Do you he wants to move up to the next level? What do you think about it?" She stated her position. He stated his position. She said no. Okay, that's it. Worked.
These parties worked it out.
when she's gone out of town, she's left the kids with him and gone out there and stopped. When she talks about, "Oh, I'm concerned for their safety, except when it interferes with my social life."
It's it's disingenuous for her to come up here and say, "I'm concerned with these kids' safety, but yeah, I've gone out of town with my boyfriend and left them with him, and there's been absolutely nothing that's happened.
They have gone to school. They've done everything that they're supposed to do.
and this man deserves to go back to what these parties were doing at the beginning is a 50/50 split. And again, your honor can then use that if you've given us an April court date, we're going to have almost the exact not even as many months as we were between September, we had 12 month track record and not one thing has not one negative thing has come up.
So now we can go starting again. Now we have November, December, January, February, March, April. So you're going to have six months of how the 50/50 works.
So you will have a unique perspective to see how they did it on shared and how they did it on April. And that's what we're requesting, your honor.
With the caveat that you've already ruled on those the other issue of um >> holidays, >> the holidays, >> Mr. board.
>> Your honor, um this is not something that should be uh now and then again at the final hearing. Um we're well to the school year and these children have acclimated to this schedule. Um they have a schedule with each of their parents that's working for them and this is something that should be decided at the final hearing. U Miss M Roberts is misconstruing the evidence about safety.
Not that my client doesn't trust um her client uh with the children uh g with the time that he has under the plan that you gave. Um her concern as you identified is during the school week.
She's even um told you directly that she is willing to um make the concession of going to 50/50 during the school year.
She wants to support that relationship with father. Um but during the school year she really believes and uh that it's in the children's best interest for them to be with her and to have the stability of her household and the schedule that they are used to. um they have not had um those issues that were present during the 5050 and uh that is in large part because she had majority of parenting time over this school year and to switch back to that and set these children up for a potential failure is not in their best interest. Um additionally, you know, they they are working together and I commend both these parties. They're doing better than than most people that I see um in contentious divorces and working together to put their children first. But um there are times when decision- making needs to be decided by one parent over the other and my client needs to have the authority to continue doing that. Um with regard to to payment of extracurriculars and other expenses, um my client cannot obligate hers to something herself to something that she has not agreed to. When there is an agreement, I would say that they should be splitting those costs per rata. Um but nothing is prohibiting either party from from going ahead and spending money as they have uh without an agreement in place. Um and it seems to be working for them. Um certainly she's not stopping him she from purchasing them new phones.
Uh nor nor I don't think would she but um she just doesn't have the financial resources to split whatever comes uh her way 50/50 without an agreement as father is requesting. Um I I did hear test me from her today that she's not presented those bills to him. I believe a lot of those healthc care bills were from uh prior to your order going into place, but um certainly those should be split patter as well. Um I don't believe that there was an order on that previously, but um I do think it'd be helpful for these parties to have that in place so that when these bills come up um they they know what the protocol is. Um but again uh changing the plan as entered aside from giving a father time during the summer uh 50/50 is not in these children's best interest. Um they need the stability and security and safety um all of the which mother provides to them. Um mothers never deny father additional parenting time during non-school time with the children and she doesn't intend to do that um as retribution. Um, and I believe they've they've shown that they work well together and should continue under the plan as it's entered.
>> All right.
I'm going to take an afternoon recess and I'll come back and give you my decision.
Thank your >> honor.
Recess.
>> We're back on the record for the West versus West motion to expand residential time. A couple of issues. One of them is that we clarify now the holiday visitation. When I issued the order originally in this case, I did in fact indicate that the uh Thanksgiving and Christmas holidays that I set forth would alternate year-toear. So that has been made clear and for the sake of the parties and clarification that will be uh how I rule. Um couple of things just to make sure that there's that are not necessarily about visitation but issues that have been brought up. Number one, both parties will carry the minor daughter in an approved car seat. Not saying you haven't. I'm just saying that there's some evidence questioning whether or not you had a car seat available. Uh you have uh obviously got the ability to get one. So at all times this will be a part of the court order that this child will be carried in an approved car seat by both parents and anyone else who transports the child as well.
The other issue was medical expenses.
Anything that is a non-covered medical expense of this of these children will be shared equally by the parties. Um that's normally dealt with in a final parenting plan, but since it appears we're a pretty good ways away from having a final hearing on that, then under the circumstances, it will be uh ordered that each party will be pay one half of any non-co medical, optical or dental expense of these children. The party incurring that expense will send a copy of that bill or expense within 30 days to the other parent. That other parent will then have 30 days to pay their portion. That is will be a court order. If Mr. West owes money for back expenses, she will have 30 days to provide that to him and he'll have 30 days to pay that. So, let's get on track so that in the future we don't have that issue. Um, we've already dealt with child support. Mr. requests child support is not it's not been requested to modify that. Obviously, that will be examined at the final hearing in the case as to whether or not there needs to be any sort of modification or adjustment.
Um, school attendance, just so everyone understands, whoever the child is with, they'll get the child to and from school on time. I understand Miss West's concern about what her experience was in school. It's a little vague for me to remember what it was like for me in school as long ago as it was. But children u don't like to be the last one to be picked up from school or daycare. They don't like to be the last one that's dropped off. So, let's try to make sure that we get them there on time. U if you get them there on time, you know, you're in compliance with the court order. I can't order you to get them there early, but I can get order you to get them there on time. make sure they're attending and that all of their schoolwork is completed. When I put this order down back in September of 2020, I think I gave the two of you my standard lecture about working together and trying to make sure that uh you put your child's interest at heart, our best to a large extent. Miss West has has followed those instructions and Mr. West has too.
And I credit both of you and compliment you for working together to allow each other to have or allow Mr. West to help provide care if M. West needed it or allow him to have additional time for different things. So, it's it's worked to your advantage. I want to explain, and your lawyers, I'm sure, have explained to you, and that is that our Tennessee legislature passed a statute some time ago that essentially expresses a preference for a shared parenting arrangement. It's not mandatory, but it expresses a legislative intent that the court must consider uh some sort of an equal share parenting arrangement and then make a decision as to what is in the best interest of your children. The reason I expressed in September of 2020 the idea that uh I would take a look at it and may increase the time that I've given him which is largely more than I gave you know a lot of times it's every other weekend to Friday to Sunday but you got from Thursday evening to Sunday morning and a lot of that had to do with the uh situation that was before what you two had done in your own effort to try to come to an agreement before you got involved in this contested divorce.
speaks volumes about what you each thought about the other and what you were trying to do. So for that reason I indicated that we would consider at the final hearing moving towards that shared parenting arrangement such as you had exercised but this is not the final hearing as we pointed out. This is a motion to expand the time.
I will order that um in the event that this case is not concluded before the summer school vacation that the parties will alternate uh the summer as they have done in the past to their credit.
To Miss West's credit, she agreed to and they alternated that and I I credit her for that. That was a and exactly what I had hoped would take place in this case.
But so that Mr. West knows he's guaranteed that and not going to have to worry that she might get mad at him over something. If that's what he thinks might happen, then we'll put it in this court order that if the case is still pending when the CA uh when summer school vacation starts, then they will share that equally on a week- toeek alternating basis.
the decisions issues. Um I agree that there needs to be some person who is the right has the right to make the decision and I credit um gave Mrs. West the primary residential parent status when we are at the temporary hearing. She will continue in that role. She will have the final to say about making these decisions. There are four categories.
their uh extracurricular activities, religious training, educational decisions as well as health care for the children. Those will be made by you, but only after you have consulted with Mr. West. Now, you two have worked together well in the past and and you've come up to giving each other additional time or helping out with other things. So, I want that to continue, but making a decision then informing him is not what I'm ordering. I'm ordering you to consult with them on a major decision, day-to-day decisions that while the children are in your care, you'll make those decisions, but and and all I can do is is order that on major decisions that you consult with him and then after you and he talk, hopefully you'll come to an agreement. But if you cannot rather than have a stalemate where not you just can't make a decision because of of uh the fact you two can't agree and you both have equal say then you as the primary residential or parent on a temporary basis will have the right to make that final decision. Do you understand that Miss West?
All right. Now that brings us then to the schedule that we have which is Thursday afternoon after school until Monday morning when school resumes and Miss West is suggesting that that should stay. Mr. West is asking to expand that.
Um, it is my hope that by making these rulings that I've made and and confirming that I think you both have done uh a good job of trying to follow my instruction that that will continue until the final hearing because you're looking at April at the earliest and depending on the circumstances it could even go beyond that. But it is my belief that in right now it would be inappropriate to simply go to a week on week off uh under the circumstances in a year when the uh part in the school year rather and I want to have another summer where they've done that to make sure the issues in each other's homes and then but in my opinion it's not inappropriate to expand Mr. uh west visitation with minor residential time is what it's called now. So I'm going to order that uh starting with the month of November his residential schedule shall be Wednesday after school through Monday morning when he returns the children to school or the daycare and that will be his schedule until this case is heard.
That will expand his time a little bit.
give us uh five or six days, you know, in a row where he has the children to let me have a better look at at that before we come to the final hearing. But in all other respects, my prior orders are confirmed.
All right. Some strange woman has just come in the back of the courtroom and I would like to address that issue.
Miss Roberts, this being your motion, you will address that.
>> Yes, Sher. You had said the 9th of the 10th of U.
>> Well, let me say this. You'll draw the order in this case and submit to Miss Marks for her approval, please.
>> Yes, I will. I'll draft the order and then I hadn't been able to text her, but the 9th 10th of November for your motion. I know I think the 9th is out.
>> Your honor, just to clarify, the Wednesday to Monday is every other week.
That's correct.
>> Correct. Sorry.
>> The 10th is a good day. on my father.
>> It's what >> the 10th is a good day.
>> This marks the 10th. What? Of March is >> 10th of Nove 10th of November.
>> 10th of November.
>> 10th of November. Just for the motion to quash.
>> Oh, that's going to be in Houston County, I think. Correct. Oh, it'll be by Zoom. We'll do it by Zoom. Miss Marks has a need to do it by Zoom. So, we'll do that by Zoom. And I think I'm going to be hearing that day.
>> That's what I have on my wrote down the >> Your honor. Will that be at 100 p.m.?
>> What?
>> She he had said to check with Miss Duke about either the 9th or the 10th and which was better because Miss Marks and I was >> 10th at 100 p.m. Is that correct, Miss Marks? And we'll hear you on this motion to cross the subpoena for Mr. West Paramore as he called on the 10th of November at 1:00.
>> That will be by all right by Zoom.
Okay.
>> And I'll draft the order. Y and Y, can I one other additional matter that you got that I just want to clarify this case?
>> It's on this case. Yes. Um on the previous hearing that we did by Zoom on Mrs. Mark's motion for contempt against um Miss Duke's client, you continue that for her to get new counsel. I submit Miss Mark sent me an order that I disagreed with because there was language in there that said you found Miss Smith in contempt. I drafted my own order and then sent it to Miss Marks and then sent both of you both of our orders. I sent both orders into you and I don't think that's been entered yet.
>> I don't think it has. I I did not find Miss Smith to be in contempt. um it would require a hearing and we didn't actually have a hearing other than argument and I instructed her to consult counsel and I just continued that hearing until she could obtain counsel because theoretically she could be incarcerated if she's in civil contempt or punished by criminal contempt. I don't remember if they were both sought.
So we can address all of those issues on that day on on November the 10th. If I don't question the subpoena, then we can deal with it or we can reset another date for the actual hearing on the motion for content.
>> I would like a different hearing date because I would need to prepare differently obviously.
>> Understand? All right. We will hear the motion to quash the subpoena on the 10th of November at 1:00 and then we will set a date if depending on how I rule. We'll set a date u later on for hearing on the merits of that consent.
>> Thank you. I just want to make sure that we did get that order. whichever one.
>> Well, I do want to make sure that Miss West understands. Miss West, this is in no way an attempt to punish you because of that. I do want you to understand that um Mr. West in many respects, you're lucky. I see cases all the time where the biological father has nothing to do with the children, doesn't want to be involved, doesn't want to be bothered with them, and has little or no contact with the children. So the idea that your children's father wants to be involved even with the difficulties that sometimes presents the children are lucky to have both of you who want to spend time with them and want to have them in their lives. So I appreciate the fact that you're trying to comply with my instructions and I hope you'll continue to do that and the two of you will work together to try to parent these children there'll be a whole lot better laws. One other thing, let me say this. Um, do I go through the dress the fast food sometimes? Yes. Do I stick around and get Popeye's chicken nuggets sometimes uh without my wife knowing? Yes. Um, do I do that regularly? No. But it's not there's nothing wrong with an occasional trip through a fast food when it's convenient. I had four children come through different sporting events and three of those we usually grab fast food on the way to a game or a practice or something like that. That's just part of them being a child. But your son, if he has cholesterol or health issues that need to be addressed with his diet, I strongly urge you and that'll be a factor I'll look at in April is what you two have done together to try to help him with his health issues. If you set him on a course of healthy eating now, then I think you'll be a lot better off.
Now, I've had cases where this has become a major issue between a parent and a child. I don't want that to be the case. I want you to work together to try to so that one of you is not being isolated from the other parent because of the fact you're trying to enforce different lifestyle or diet upon your son. Listen to what Miss uh West had Mrs. West has to say about, you know, what your son's needs are about his diet and just try to help him with it and I think he'll be a lot better off a lot healthier. So, anything else?
>> Not yet.
>> All right. And that will that will uh conclude our hearing today and we will recess.
>> Thank you.
We stand adjourned.
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