TN Dad Can’t Relocate to AZ Without Showing Better Job Opportunities
Tennessee case summary on parent relocation after divorce.
Cassidy Lynne Aragon v. Reynaldo Manuel Aragon
The mother and father in this Tennessee parental relocation case were divorced in 2010, and the parenting plan called for them to both have equal parenting time. In 2012, the father notified the mother that he planned to relocate to Tucson, Arizona. He made a motion to modify the parenting plan, but the mother filed an opposition, alleging that the move had no reasonable purpose. The trial court agreed with the mother and denied the relocation. The father filed an appeal, and in 2014, the Tennessee Court of Appeals vacated the decision, holding that the lower court must make a determination as to the best interests of the child. On remand, the trial court made findings that the move was not in the best interests of the child, and the father once again appealed to the Tennessee Court of Appeals.
After the remand, the lower court had not heard any additional evidence, but based upon the earlier evidence, the trial court concluded that the move was not in the best interest of the child. It held that the evidence weighed in favor of naming the mother the primary residential parent.
The evidence showed that the father had graduated from nursing school and had obtained a job in Tucson. However, the father did not show any evidence that he had sought a nursing job in Tennessee.
The father offered evidence that he had family and friends in Arizona, but most of the witnesses who so testified were from Tennessee. The court noted that this showed that he had a strong support network in Tennessee as well. It also noted that there was no evidence showing that the father had potential for greater income in Tucson. The mother even offered evidence that there was a nursing shortage in Tennessee, and that many job opportunities were available.
The Court of Appeals reviewed all of the evidence and agreed with the lower court that the evidence did not preponderate against the lower court’s finding. It noted that the trial judge is usually in the best position to weigh the evidence, and there was no reason to disturb the lower court’s ruling.
The appeals court also reviewed the evidence concerning the best interests of the child, and likewise agreed that the move was not in the child’s best interest.
Since the father had already moved to Arizona, the Court of Appeals affirmed the lower court’s ruling naming the mother the primary residential parent.
No. M2014-02292-COA-R3-CV (Tenn. Ct. App. Nov. 30, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Parent Relocation Statute Law.
See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases available on Amazon.com.
