Parental Relocation for Remarried Parent Affirmed in Bradley County, Tennessee: Bramlett v. Bramlett
If a relocation increases the travel time for the other parent, does that prove vindictive motive?
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64 Days of Parenting Time Satisfies Maximum-Participation Provision in Henry County, Tennessee: Gensmer v. Gensmer
Is only 64 days of parenting time an abuse of discretion? It depends on who you ask.
Read MoreNew “Reasonable Purpose” Standard Results in Reversal of Nashville, TN Parental Relocation Case: Stringer v. Stringer
Facts: Mother and Father are the parents of Child. When they divorced in Texas, Mother was designated the primary residential parent. They subsequently moved to Tennessee. In 2015, Mother notified Father of her intention to relocate with Child back to Texas to accept an employment opportunity. Mother was also motivated by the fact that her […]
Read MoreTennessee Supreme Court Redefines “Reasonable Purpose” in Parental Relocation Cases: Aragon v. Aragon
Facts: This is a parental relocation case where the Court of Appeals split 2-1 over what is meant by a “reasonable purpose” for a parent’s relocation. The facts of the case can be found in this post discussing the Court of Appeals’ decision. In the 2-1 decision from the Court of Appeals, the Majority held […]
Read MoreIncorrect Burden of Proof Leads to Reversal in Nashville, TN Parental Relocation Case: Stanley v. Stanley
Facts: Mother and Father are the parents of two children. Everyone lived in Oklahoma until moving to Tennessee in 2005. Mother and Father divorced in 2008 in Nashville. Under the operative parenting plan, Father was designated the primary residential parent. Mother was awarded 110 days of parenting time. On March 2, 2015, Mother received via […]
Read MoreFinding of No Reasonable Purpose for Relocation Reversed in Chattanooga, TN Postdivorce Case: Mouton v. Mouton
Facts: Mother and Father, the parents of two children, married and lived in Colorado for many years until moving to Tennessee. About six months after moving to Tennessee, Mother and Father separated. Over a year later, Mother filed for divorce. Each parent was designated the primary residential parent for one child, with the other parent […]
Read MoreReasonable Purpose Leads to Parental Relocation in Lewisburg, TN Child Custody Dispute: Slavko v. Slavko
Facts: Mother and Father, the parents of two children, were divorced in 2012. Mother was designated the primary residential parent. Father received 119 days of parenting time. In 2015, Mother provided Father with a notice of intent to relocate to Pennsylvania, citing her desire to reside with her current husband, an employment opportunity, an educational opportunity, […]
Read MoreMisapplication of Parental Relocation Statute OK in Jackson, TN Child Custody Case: Dayhoff v. Cathey
Facts: Mother and Father are the unmarried parents of two children. After parentage was established, Father sought equal parenting time. Mother sent Father a notice of her intent to relocate with the children to the Nashville area. The letter told Father that Mother had accepted “an opportunity for advancement” with her employer. Father filed a petition […]
Read MoreK.O. Herston a “Top Attorney” for Divorce, Family Law, Child Support, and Adoption in Knoxville, TN
Once again, I am honored to have been selected by my colleagues in the Knoxville Bar as being among the best divorce, family law, child support, and adoption lawyers in Knoxville. CityView magazine explains: Each year, Cityview calls upon the members of the Knoxville Bar Association to determine which attorneys in East Tennessee are the best in […]
Read MoreTennessee Family Law Legislative Update 2016
Things were relatively quiet on the family-law front this past legislative session. Notably missing, however, was any effort to update the various family-law statutes to account for the constitutionally-protected rights of same-sex parents. Until that happens, Tennessee children and their same-sex parents will continue to navigate in an atmosphere of legal uncertainty. There were several […]
Read MoreMystery Envelope Leads to Change of Child Custody in Clarksville, TN: McDonough v. McDonough
Facts: Mother and Father are the parents of three children. They divorced in 2012. At the time of divorce, they agreed to a parenting plan providing for equal parenting time and designating Father as the primary residential parent. On September 5, 2014, Father sent the required relocation letter to Mother via certified mail. Father testified […]
Read MoreDenial of Parental Relocation Reversed in Clarksville, TN Child Custody Dispute: Ross v. Rosswoods
Facts: Mother and Father — the parents of one child — divorced in 2005. The parenting plan provided equal parenting time and named Mother the primary residential parent. In 2014, Mother notified Father by certified mail of her intent to relocate with the child to North Carolina. Thirty-five days after receiving the relocation letter, Father […]
Read MoreCourt Divided on Reasonable Purpose in Clarksville, TN Parental Relocation Case: Aragon v. Aragon
Facts: When Mother and Father divorced in 2010, the trial court entered an agreed parenting plan in which the parents shared equal time with Child via alternating weeks. In 2012, Father sent Mother a relocation letter advising of his intent to move to Tucson, Arizona with Child. Shortly thereafter, Father filed a petition to modify […]
Read MoreAnti-Parental Relocation Provision in Parenting Plan Ruled Unenforceable in Fayetteville, TN: Self v. Self
Facts: Mother and Father, parents of three children, divorced in 2009. They agreed to a parenting plan awarding 182 days to Father and 183 days to Mother based on an alternating week-to-week schedule. Notably, the parenting plan contained the following provision in Paragraph J: If either party should relocate from Lincoln County, Tennessee, the children shall […]
Read MoreParental Relocation Prohibited in Chattanooga: Lawrence v. Broadnax
Facts: Mother and Father divorced in April 2012. Mother was designated the primary residential parent of Child, while Father was awarded 104 days of parenting time. In October 2014, Mother provided Father with a notice of intent to relocate to Philadelphia, citing an employment opportunity as the reason for the relocation. Father filed a timely […]
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