As a deeply affected parent, I share my personal story to shed light on a loophole that needs immediate attention. My ex husband, Benjamin McCurry, and his wife Kelly McCurry, used a retaliatory strategy to bypass the Parenting Plan established in our divorce case. By filing a petition to terminate my parental rights and adopting my minor child in another court, they evaded enforcement of our Parenting Plan. This was all made possible by TN Code § 36-1-116 (f) (2024), which strips judges of their entire jurisdiction when an adoption petition is filed in another court.

This law, as it stands right now, essentially legalizes violations of Parenting Plans, leaving aggrieved parents without any redress. I was forced to escalate the matter by removing the case to Federal Court under 28 U.S. Code § 1443 due to this unfortunate loophole. However, many parents might not have the resources or knowledge to do this. The case was assigned case number 2:24-cv-136 and is pending at the Greeneville District Court before Judge Clifton Corker. 

I tried to inform Judge Suzanne Cook of Washington County Tennessee that she lacked jurisdiction over my son due to the Parenting Plan in my divorce case. Judge Cook denied all my motions to dismiss leaving me without any options at the State level. 

Laws should serve the people and uphold justice. The existing Tennessee law, particularly TN Code § 36-1-116 (f) (2024), is an affront to this principle, as it permits malicious litigation tactics to overrule the best interests of the child and disregards fair parenting plans.

We ask the Tennessee General Assembly to immediately review and amend this provision in the best interest of justice, fairness and especially the well-being of children, shielded from calculated legal maneuvering. We appeal to our lawmakers for empathetic legislation that will ensure each court case will be seen to its proper conclusion within its rightful jurisdiction without being unfairly undermined or circumvented. 

Stand with affected parents in challenging this loophole. Let us ensure the law serves its true purpose - to uphold justice and the best interests of our children. Your signature can press for this much needed change. Please, sign this petition.