In Re Domingo C. L.

Case Number
M2016-02383-COA-R3-JV

Obispo C.L. (“the Minor’s Uncle”) appeals the determination of the Chancery Court for Rutherford County (“the Trial Court”) finding that it lacked jurisdiction to make a finding regarding whether it is in the best interest of Domingo C.L. (“the Minor”) to be returned to his home country of Guatemala. We find and hold that the Trial Court had jurisdiction to make this finding, that the petition specifically requested a finding with regard to this issue, and that it was error to refuse to make a finding with regard to whether it was in the Minor’s best interest to be returned to Guatemala. We, therefore, modify the Trial Court’s October 31, 2016 Order Appointing Guardian Of A Minor by remanding this case to the Trial Court for a determination of whether it is in the Minor’s best interest to be returned to Guatemala. We affirm the remainder of the Trial Court’s order.

Authoring Judge
Chief Judge D. Michael Swiney
Originating Judge
Chancellor M. Keith Siskin
Case Name
In Re Domingo C. L.
Date Filed
Dissent or Concur
No
Download PDF Version