Tennessee little one custody case abstract on mother or father relocation.

David Timothy Dungey v. Doris Anne Dungey

The kid on this Montgomery County, Tennessee authorized matter, was born in 2006, and the mother and father have been divorced in 2015.  The mother and father met in Germany the place the daddy was stationed within the U.S. Military, and the mom and little one each had twin citizenship.  The mom requested permission to relocate to Germany, however this request was denied.  The mom was named the first residential mother or father, and the daddy was granted 137 days per yr parenting time.

In 2019, the mom despatched the daddy a licensed letter of her intent to relocate with the kid to Germany.  The daddy filed a petition in opposition to this request, and likewise requested to be named major residential mother or father.  A listening to was held and the mom’s request was denied.  As a substitute, the daddy was named major residential mother or father.  The mom then appealed to the Tennessee Courtroom of Appeals.

Below the Tennessee parental relocation statute, which was amended in 2018, the court docket is required to find out whether or not the proposed transfer is in the perfect pursuits of the kid.  The statute lists eight elements that have to be thought-about.

The trial court docket had first thought-about that there have been extra individuals within the little one’s life at residence in the USA than there have been in Germany.  The appeals court docket analyzed the proof and agreed.  Specifically, the kid had testified as to probably not figuring out anybody in Germany.  For that reason, the appeals court docket upheld the decrease court docket’s findings as to this issue.

Subsequent, the court docket regarded on the little one’s improvement and age, and the appeals court docket concluded that this had been appropriately utilized.

On this case, for the reason that little one was 12 or older, the statute permits the court docket to contemplate the kid’s desire as one of many elements.  The decrease court docket had discovered that the kid needed to remain within the U.S. with the daddy, and the appeals court docket upheld this discovering.

The Courtroom of Appeals, in an opinion authored by Choose Kristi M. Davis, addressed the opposite statutory elements and concluded that the decrease court docket had appropriately utilized these as properly.  For that cause, it affirmed the decrease court docket’s ruling.  The appeals court docket denied each events’ request for lawyer charges, and assessed the prices of enchantment in opposition to the mom.

No. M2020-00277-COA-R3-CV (Tenn. Ct. App. Sep. 23,  2020).

See authentic opinion for precise language.  Authorized citations omitted.

To study extra, see Modifying Custody & Parenting Plans.

To study extra, see Tennessee Parent Relocation Statute Law.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and little one assist worksheets from actual circumstances out there on Amazon.com.

LEAVE A REPLY

Please enter your comment!
Please enter your name here