Mom Not Allowed to Relocate to WA with Child

The parents in this Robertson County, Tennessee, parental relocation case were divorced in 2020, and the mother was named the primary residential parent of their son, with 249 days per year parenting time.  In 2023, the mother sent the father a letter stating her intent to move with the child to Washington.  She had family there, and she believed that the job market was better.  The father filed a petition in opposition.  The mother offered the court a parenting plan under which she would have 273.5 days of parenting time, with the father enjoying 91.5 days.  The trial court determined that the move was not in the child’s best interest, and denied the mother’s request.  The mother then appealed to the Tennessee Court of Appeals, which applied the Tennessee Move Away statute.

Under that statute, the main factor is the best interest of the child.

The mother argued that when the lower court decided the case, it overemphasized the father’s involvement in the child’s life.  But when the appeals court looked at the evidence, it disagreed.  It noted that the child had close relationships with both parents.  Even though the mother was the primary caregiver, this did not negate the strong relationship with the father.

The mother seized upon the fact that the father had little connection with the child during the COVID-19 pandemic.  But the father testified that this was because his father was receiving cancer treatment, and he wanted to limit his possible exposure to the virus.  The mother also conceded that when she was injured, the father took over care of the child even though it was outside his allotted parenting time.

The mother also stressed the relationship the child had with her parents, but both the appeals court and trial court found that there was a strong relationship with both sets of grandparents.

The mother also asserted that the child’s stepsister had abused him.  In fact, the trial court had substantiated these claims of abuse.  But the trial court had found that overall, the relationship had been loving and appropriate.

The mother also argued that her increase in earnings and free time in Washington would benefit the child.  But the lower court held that this was outweighed by the benefit of being close to the father, and the appeals court affirmed this finding.

The courts also found that the father would face difficulties in preserving the relationship with the child so far away.  They also pointed out that travel would be a heavy burden for the child.  Among other things, there were no direct flights between Nashville and the area in Washington where the mother sought to relocate.

Overall, the Court of Appeals reviewed the statutory factors and concluded that the lower court’s conclusion was supported.  For that reason, it affirmed the lower court’s judgment and assessed the costs of appeal against the mother.

No. M2023-01671-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2024).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws in Tennessee and our video, How is child custody determined in Tennessee?

To learn more, see Modifying Custody & Parenting Plans and our video, How is child custody determined in Tennessee?

To learn more, see Tennessee Parent Relocation Statute Law.