Samrat Mitra v. Suneetha Irigreddy


05/29/2019 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 2, 2018 SAMRAT MITRA v. SUNEETHA IRIGREDDY Appeal from the Circuit Court for Shelby County No. CT-003134-14 Mary L. Wagner, Judge No. W2017-01423-COA-R3-CV This appeal involves a contentious dispute over visitation and child support for the parties’ minor child. Having carefully reviewed the voluminous record before us, we hold that the evidence supports the parenting plan determination and other rulings made by the court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed; Case Remanded JOHN W. MCCLARTY, J., delivered the opinion of the Court, in which D. MICHAEL SWINEY, C.J. and FRANK G. CLEMENT, P.J., M.S., joined. Jennifer Sheppard, Nashville, Tennessee, for the appellant, Samrat Mitra. Margaret M. Chesney and Rebecca A. Bobo, Memphis, Tennessee, for the appellee, Suneetha Irigreddy. OPINION I. BACKGROUND Suneetha Irigireddy (“Mother”) and Samrat Mitra (“Father”), who are of Indian descent, were married in India in 2002. Mother and Father (collectively “the Parties”) moved to North Carolina on a work visa for employment secured by Father. Stuti (“the Child”) was born in February 2007 in North Carolina. Father continued working, while Mother and the Child traveled to India in May 2008. Father followed shortly thereafter when his work contract ended in June 2008. While in India, Mother and the Child stayed with her parents, while Father stayed with his parents.1 The two families lived a significant distance apart. Father visited at Mother’s home on occasion, while Mother and the Child visited Father on occasion. Father remained in India until November 2008, when he accepted an employment position in Canada. Mother followed shortly thereafter in December 2008; however, the Child remained in India with the maternal grandparents because the Parties had not yet established a home in Canada. The Child joined the Parties in June 2009, when she was two years old. The Parties then returned to the United States in January 2010 to maintain their immigration status. Mother accepted employment in North Carolina, while Father searched for employment for several months before eventually moving to Texas for a job opportunity in Fall 2010. He visited Mother and the Child twice in 2010, with the last visit occurring in December 2010. At that point, the marital relationship had deteriorated. Father returned to North Carolina in February 2011 in an attempt to visit the Child. He did not advise Mother of his intent, and he did not attempt to contact her. Instead, he waited outside of Mother’s apartment with a gift for the Child. No visit occurred because they either were not home or were unaware of his presence. Thereafter, Father eschewed Mother’s attempts to arrange visitation and advised her that he was “happy to be alone” and that he did not wish to receive further contact from her. At some point, Mother moved to Memphis, Tennessee. Father did not see the child from December 2010 until July 31, 2012, when he again appeared at Mother’s apartment ...

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