Mother Can’t Lose Custody Primarily based Upon Beforehand Licensed Relocation

Tennessee youngster custody modification case abstract.

The dad and mom of 4 on this Hamilton County, Tennessee, case had been married in Pennsylvania in 2001 and had been divorced in 2014. Quickly after the divorce, the mom requested permission to relocate to Pennsylvania with the youngsters. The case was in the end heard by the Tennessee Court docket of Appeals. Finally, the mom moved to Pennsylvania with the youngsters, though a brand new parenting plan was by no means entered. The daddy continued to take pleasure in 125 days per 12 months of parenting time.

In 2021, the daddy made a petition to change, and the decrease court docket concluded that he had confirmed a fabric change of circumstances, primarily based upon the transfer to Pennsylvania. The daddy was given major custody, with the mom having 69 days per 12 months parenting time. The mom then introduced a second enchantment to the Tennessee Court docket of Appeals. She argued that there had been no materials change of circumstances. She relied upon the primary opinion of the Court docket of Appeals, which held that relocation was correct. She argued that the trial court docket ignored the opinion, and did not enter a parenting plan authorizing the relocation. Subsequently, the transfer, as approved by the Court docket of Appeals, was hardly a change of circumstances.

In his movement to change, the daddy’s major argument was that the transfer to Pennsylvania would lead to a discount of his parenting time. However the Court docket of Appeals had beforehand acknowledged that this is able to naturally be the case. Subsequently, that discount was hardly a change of circumstances.

The daddy additionally pointed to different alleged adjustments of circumstances, comparable to the youngsters’s robust desire to reside in Tennessee. However the decrease court docket had did not make adequate findings as to those different grounds.

For these causes, the Court docket of Appeals reversed the decrease court docket’s ruling. It did, nevertheless, remand the case to present the daddy one other likelihood to indicate that these different grounds utilized.

No. E2022-00742-COA-R3-CV (Tenn. Ct. App. Apr. 6, 2023).

See unique opinion for actual language. Authorized citations omitted.

To study extra, see Modifying Custody & Parenting Plans and our video, How is youngster custody decided in Tennessee?

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and youngster help worksheets from actual circumstances obtainable on Amazon.com.