Mom Allowed to Relocate With Kids, Despite Stepdad Abuse Allegations

Tennessee child custody case summary on relocation in divorce.

Mother is allowed to relocate children, despite accusations of child abuse by the stepdad.

Daemon Shaun Key v. Cailey Marjorie Gonzales

The parents in this Madison County, Tennessee, case were divorced in 2016.  The permanent parenting plan named the mother as the primary residential parent of the two children, who had been born in 2011 and 2013.

Three years later, the mother hand-delivered a notice of her intention to relocate from Parsons to Nashville.  The father filed an opposition.

Later that year, the father took the children to therapy, and as a result, the therapist made a referral to the Department of Children’s Services (DCS) of possible abuse by the mother’s new husband.  Ultimately, the case went to court, and the stepfather was ordered to have no contact with the children.  Ultimately, DCS dismissed the petition, on the condition that the children would be in the father’s custody, with the stepfather having no visitation.  The stepfather’s only contact was to be at counseling sessions.

The father opposed the relocation primarily on the grounds that the distance from him would prevent him from protecting the children from the stepfather’s abuse.

Testimony was heard from various witnesses, including the stepfather.  He testified that he had completed all of the DCS recommendations, such as anger management classes and an intensive parenting class.

The trial court made its order in 2021 and allowed the relocation.  It noted that the father’s “main issue” was with the stepfather, and not the mother, and that he had failed to prove a material change of circumstances.  The mother was also awarded over $50,000 in attorney’s fees.  The father appealed to the Tennessee Court of Appeals.

The appeals court took a close look at the father’s concerns about the stepfather, and noted that the trial court simply did not view the mother and stepfather’s conduct in the same way as the father.   Specifically, the court found that the mother would protect the children if needed.

The lower court also found that while some of the stepfather’s conduct was “immature,” it was not such that he not be around the children.  The lower court was satisfied that these things would not happen in the future.

After carefully reviewing all of the statutory factors, the appeals court concluded that it acted within its  discretion in allowing the relocation.  Therefore, it affirmed the lower court’s ruling.

The appeals court also affirmed the lower court’s award of attorney’s fees.  It denied, however, the mother’s request for attorney’s fees on appeal.

No. W2021-01465-COA-R3-CV (Tenn. Ct. App. Feb. 5, 2024).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Tennessee Parent Relocation Statute Law.