Jump to Navigation

Tennessee Supreme Court issues ruling in parental relocation dispute

A family law case recently decided by the Tennessee Supreme Court had its beginning back in 2010 when a Clarksville couple divorced. After their split, the mom worked overseas while the dad stayed in Tennessee to attend nursing school.

During that time, he also spent more time with the couple's daughter while the mom sent financial support for the girl. In early 2012, the dad notified the mom that he intended to move with the girl to Arizona to take a nursing job there. The mom objected to the relocation.

The father petitioned a Tennessee court for permission to move with the daughter to Arizona and in fact, moved there before the trial began. At trial, the mother argued that the dad's move lacked "reasonable purpose." Afterwards, the Montgomery Court decided in her favor.

The court stated that the dad had not proved that he was to get a better job in Arizona than what was available in Tennessee and it named the mom, who was residing in Tennessee, as the primary residential parent.

The father appealed the decision, but the Court of Appeals upheld the trial court's ruling. The Appeals Court held that the father's reason for moving did not meet the "reasonable purpose" standard outlined in a 2006 case and affirmed the denial of the dad's request to relocate.

However, the father appealed again, this time to the Tennessee Supreme Court. The state's high court reversed the Appeals Court and trial court decisions, stating that a trail court must allow the parent who spends the most time with the child to relocate. It did cite three exceptions, however: if the proposed move poses a threat of serious harm to the child; if the relocation is vindictive; or if the relocation lacks a reasonable purpose.

If you are a divorced parent interested in relocating, you can discuss your circumstances with a Nashville family law attorney experienced in relocation dispute litigation.

No Comments

Leave a comment
Comment Information
Visit our Blog Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
FindLaw Network Office Location

Stanley A. Kweller, Attorney at Law
214 Second Avenue North, Suite 103
Nashville, TN 37201

Nashville Law Office

Phone: 615-208-9691
TF: 866-568-5306
Contact the firm

Super Lawyers
Review Us