Mom Allowed to Relocate to NC with Child

Tennessee child custody case summary on relocation in divorce.

Mom allowed to relocate to North Carolina with child.

Kristina Collins Ramsey v. Austin A. Ramsey

The parents in this Sevier County, Tennessee case were married in 2015 and separated shortly after their son was born in 2020. At trial, the mother testified that she was unable to refinance the marital residence to buy out the father’s share. Instead, she requested permission to relocate with the child to North Carolina. The father was awarded 135 days per year of parenting time. The father then appealed to the Tennessee Court of Appeals. Among other things, he contested the order allowing the mother to relocate.

The appeals court stated the statutory factors for parenting time decisions, and noted that the lower court hat broad discretion.

The appeals court agreed with the lower court’s determination. It first noted that the mother had been child’s primary caregiver since birth. The trial court also found that the mother had the greater propensity to provide the child’s needs, and the appeals court agreed with this finding.

As for the relocation, the courts noted that the mother essentially had nowhere to go in Tennessee after the sale of the house, and had a familial support system in North Carolina.

For these reasons, the appeals court affirmed the lower court’s judgement. It also awarded the mother her attorney’s fee on appeal.

No. E2022-01295-COA-R3-CV (Tenn. Ct. App. Feb. 7, 2024).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Tennessee Parent Relocation Statute Law.