Court Takes Judicial Notice of Google Maps for Relocation

Tennessee child custody modification and relocation case summary.

Sarah Perkins Chambers v. Joshua Timothy Chambers

Court Takes Judicial Notice of Google Maps for Relocation

The parents in this Sevier County, Tennessee, case were divorced in 2017 when their child was four years old.  They had agreed to a permanent parenting plan which named the mother as the primary residential parent with joint decision making on major decisions.  The mother was granted 225 days of parenting time per year, with the father having the remaining 140 days.  In 2017, the mother moved to Knoxville, and the father moved back into the marital home in Sevier County.  The mother later remarried and remained in Knoxville.  The child was enrolled in preschool in Knoxville but often visited grandparents in Sevierville.

In 2019, the mother went back to court, alleging that the father had failed to pay certain medical expenses and had otherwise breached the agreement.  Soon thereafter, the father asked the court to name him permanent residential parent.  He alleged that there had been a change in circumstances, namely both parties remarriage, and the fact that the mother had moved more than 50 miles without complying with the parental relocation statute.

After mediation failed, trial was held before Judge O. Duane Sloane, who agreed with the father that there had been a material change of circumstances, based upon the move of more than 50 miles.  The parenting plan was modified, with each parent receiving 182.5 days of parenting time.  The court ruled that the child should attend the school selected by the father, based upon the father’s agreement to pay the costs.  After post-trial motions, the mother appealed to the Tennessee Court of Appeals.

The court first turned to the parental relocation statute, which applies in the case of moves of 50 miles or more.  The trial court had concluded that the 50 mile limit had been exceeded.  The mother pointed to evidence in the record that the “radial distance” between the two residences was 39.04 miles.  She also produced a Google Maps exhibit showing a driving route of 49 miles.  The appeals court noted that there was a growing consensus on the amenability of Google Maps to judicial notice for the purpose of establishing distances.  It noted that the father did not contest the accuracy of the Google Maps evidence.

Since both the radial distance and the driving distance were less than 50 miles, the court held that the lower court erroneously applied the parental relocation statute.  Nonetheless, the court went on to conclude that there had been a material change of circumstances based upon all of the evidence.  Therefore, it went on to examine the best interest of the child.

After examining all of the testimony, the Court of Appeals held that the lower court correctly determined that its changes were in the best interests of the child.

For these reasons, the Court of Appeals affirmed, even though it reversed the finding as to the 50 mile move.

No. E2020-00167-COA-R3-CV (Tenn. Ct. App. Feb. 4,  2021).

TN court amenable to taking judicial notice of Google Maps distances.

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans and Tennessee Parent Relocation Statute Law.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.