Relocation Request Denied & Custody Awarded to TN Dad
Tennessee law case summary on relocation and designation as primary residential parent after Tennessee divorce and family law from the Tennessee Court of Appeals.
Shannon Wayne Brown v Lisa Denise Brown – Relocation and Primary Residential Parent
In the divorce case of Shannon Brown, Husband and Lisa Brown, Wife, the couple, who married in May of 1992, remained married for 16 years, and had three children. The husband filed for divorce citing irreconcilable differences in March of 2008. The parties entered into a Marital Dissolution Agreement and Permanent Parenting Plan in July of 2008. The children would reside with the wife 213 days as the primary residential parent and 152 days with the father. No amount of child support was set.
The wife filed a petition seeking child support, noted the husband’s gross monthly income of $5,000 while her income was $3,209, and petitioned the court to sell the real property at auction. The wife acknowledged she agreed the husband would not pay child support until after the sale of the property.
The husband countered that it would be in the best interest of the children to abandon the parenting plan and make him residential parent noting the wife was interfering with parenting time and was wholly unstable. The parties reached an agreement to parenting, in which the two homes would be split between the two parties and that the parents would have equal and joint custody. No child support was set.
Three months later, the wife petitioned the court to resolve an issue in that she wanted to move out-of-state with the children. She claimed the husband could have all summer and holidays with the children and she would maintain custody during the school year. The court denied this request. It modified the parenting plan to name the husband as primary residential parent and awarded the wife 80 days of visitation, to ensure they remained in state.
The wife appealed this decision stating there was no material change in circumstances other than the potential move out of state after remarriage. The appeals court stated modification of custody requires two steps including proving a material change in circumstances. It noted the trial court had interviewed the children and determined their desires were to stay in Tennessee where they had connections. This indicated that the wife’s desire to move out of state was a material change of circumstances. It stated that a preponderance of evidence supports the determination by the trial court to deny the relocation of the children was appropriate and upheld the lower court’s ruling.
NO E2011-00421-COA-R3-CV, April 13, 2012.
Disclaimer: See original opinion for exact language. Legal citations omitted.
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