Tennessee Air Force Mom Granted Custody After Move to California
Tennessee custody and parent relocation case summary.
In re Gabriel V. – Tennessee parent relocation granted
When the child in this Tennessee parental relocation case was born, the parents were married to other people. The mother divorced, but the father returned to his wife and family. The father initiated the court proceedings to establish paternity and to be named the child’s primary residential parent. The court determined that the mother, who was then living in California, should be named primary residential parent. The father was awarded parenting time during most of the summer and other parts of the year, for a total of 96 days per year. The father was dissatisfied with this ruling, as well as the court’s calculation of child support. Therefore, he appealed to the Tennessee Court of Appeals.
The issue of parental relocation was implicated by the case. The mother, who was an officer in the Air Force, was living in Georgia when the child was very young, but before trial had moved to California. Prior to trial, the parents were spending approximately equal time with the child, with the child travelling between California and Tennessee. The father testified that the child adjusted to the new routine when arriving in Tennessee, but the mother believed that the travel time was difficult for the child.
The appeals court reviewed the evidence and began by noting that the mother had been more of a continuous force in the child’s life. The father had moved out, ultimately reconciling with his wife, shortly after the child was born. The court also noted that while there was no testimony about current stress between the father’s wife and other children, the trial court had the opportunity to observe the witnesses, and that the trial court’s findings in this regard should be granted deference. Therefore, the appeals court affirmed the lower court’s finding that the mother’s living situation was more stable for the child.
The trial court had also looked at both parents’ past and potential future performance as parents, and had concluded that this factor favored the mother. The appeals court agreed. It noted in particular that the father had not initially visited the child in California, despite the mother’s offering to arrange on-base housing during any visit.
The appeals court also took a close look at the parenting schedule and concluded that the amount of time granted to the father was appropriate under the circumstances.
Finally, the appeals court took a look at the amount of child support and found that the amount should be recalculated. Therefore, it affirmed the trial court’s parenting plan, but sent the case back for recalculation of the child support obligation.
No. M2014-01500-COA-R3-JV (Tenn. Ct. App. June 24, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Parent Relocation Statute Law.
