Venessa Lynn Totty v. Michael Alan Totty - Concurring

Case Number
W1999-02426-COA-R3-CV

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

Authoring Judge
Judge David R. Farmer
Originating Judge
Judge Kay S. Robilio
Case Name
Venessa Lynn Totty v. Michael Alan Totty - Concurring
Date Filed
Dissent or Concur
No
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