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Judge grants judgment on pleadings, designates Whitworth primary residential parent; remaining issues to be set for hearing

January 03, 2025 | Judge David D. Wolfe State of Tennessee, Judicial, Tennessee


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Judge grants judgment on pleadings, designates Whitworth primary residential parent; remaining issues to be set for hearing
Judge David D. Wolfe granted judgment on the pleadings in a custody and paternity dispute, finding that the respondent admitted paternity and that the petitioner, Miss Whitworth, should be designated the primary residential parent for the parties' minor children.

The petitioner's attorney told the court the respondent, Mr. Warmbier, originally filed a handwritten pro se response that did not comply with court rules; the court allowed an opportunity to cure and then reviewed the filing. The court said the respondent “admitted that he was the biological father” and “agreed that … it is in the best interest of the minor children for the petitioner mother to be designated as primary.” Based on that, Judge Wolfe said, “judgment on the pleadings is granted to the petitioner on the paternity issue, as well as her designation of primary residential parent.”

The judge ordered the remaining issues in the case — including the residential schedule and other outstanding terms — to be set for a future hearing before the presiding judge. Counsel discussed possible May hearing dates on the record but did not settle a specific calendar date in open court; the judge directed the matter be set before the presiding judge on a May docket date to be confirmed.

The court record shows the respondent had initially filed a pro se response that admitted paternity but proposed a parenting plan the respondent preferred; because paternity and the primary-residence designation were uncontested in the respondent's later filing, the judge resolved those discrete issues by judgment on the pleadings and limited the live hearing to the remaining contested matters.

Ending: The court's written order should reflect the judgment on the pleadings and the date of the future hearing on remaining issues; counsel were instructed to coordinate with the clerk to pin down the May date and to present any agreed proposed residential schedules prior to that hearing.

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Scribe from Workplace AI
Scribe from Workplace AI