Ellen Marie Cali v. Robert George Cali

Jackson, Tennessee, family law lawyers represented the parties in a divorce.

On December 15, 2012, Appellee Ellen Marie Cali ("Mother") and Appellant Robert George Cali ("Father") were married. Two children were born to the marriage, Isaiah (d/o/b October 2015) and Selah (d/o/b September 2019) (together, the "Children"). Isaiah has special needs due to his autism and attention deficit hyperactivity disorder ("ADHD") diagnoses. During the parties' marriage, Isaiah was diagnosed with cancer, underwent treatment, and made a full recovery. In the fall of 2015, Father was diagnosed with obsessive-compulsive disorder ("OCD"). Father's OCD manifests in behaviors such as sniffing, a need for symmetry, and an intense focus on precision and detail. Father takes medication and participates in therapy to manage his symptoms. Father has a bachelor's degree in Christian Ministry with a minor in Teaching English as a second language. Additionally, Father has a Master of Divinity Degree. In March 2020, Father obtained his commercial driver's license and began working part-time as a truck driver towards the end of the parties' marriage. Mother is a registered nurse.

On December 20, 2021, Mother filed a complaint for divorce. Therein, she alleged, inter alia, that Father was guilty of inappropriate marital conduct, which "render[ed] cohabitation unsafe and improper." In her proposed parenting plan, Mother asked that she be designated the Children's primary residential parent with 265 days of parenting time and Father receiving 80 days of parenting time. On January 25, 2022, Father filed an answer, denying inappropriate marital conduct. Father's proposed parenting plan designated him as the Children's primary residential parent and allowed Mother 182 days and Father 183 days with the Children.

For the foregoing reasons, we affirm the trial court's order. Mother's request for appellate attorney's fees is granted. The case is remanded for such further proceedings as may be necessary and are consistent with this opinion, including, but not limited to, a calculation of Mother's reasonable attorney's fees and costs incurred in this appeal and for entry of judgment on same. Costs of the appeal are assessed to the Appellant, Robert George Cali. Execution for costs may issue if necessary.