Mom Allowed to Move Away with Child But Conditions Imposed in Tennessee Relocation Case
Tennessee law case summary on parent relocation and transportation expenses in family law from the Court of Appeals.
Alison Fein (Young) Dahl v. Shawn Patrick Young – Tennessee divorce relocation granted & transportation expenses
The mother and father in this Tennessee divorce case were divorced when the child was almost two years old. The mother was named the primary residential parent. When the child was three, she sought to relocate to Virginia, since her new husband was required to move there for his job. The father objected, and asked to be named the primary residential parent. In addition, the mother’s stepson, when he was ten years old, committed an act of sexual abuse on the child when the child was four. The trial court permitted the mother to relocate, but limited the number of days the stepbrother could be with the child in Virginia. It also ordered her to pay the child’s transportation costs to Tennessee. Dissatisfied with the imposition of these conditions, she appealed to the Tennessee Court of Appeals.
The lower court had held that the abuse by the stepbrother had constituted a specific threat of harm, a determination which affects the right of a parent to relocate. However, the trial court had addressed this factor by not allowing the step brother to spend more than 21 days in the house with the child during any calendar year. The court of appeals examined the evidence. In particular, it noted the lower court’s finding that the child would actually be exposed less to the stepbrother in Virginia. After considering the evidence, it agreed with the lower court that the move was appropriate, and that the trial court had properly added the conditions regarding the stepbrother.
On the issue of transportation costs, the mother also appealed. The lower court had ordered her to reimburse the father for airfare, provided that he purchased the tickets thirty days in advance. The mother argued that this amounted to a downward departure in child support.
But the appeals court pointed out that the subject of transportation expenses is addressed in the Tennessee parental relocation statute. The issue is within the trial court’s discretion, and the appeals court held that the lower court had acted within its discretion in assessing the travel fees against the mother.
For these reasons, the Court of Appeals affirmed, other than with regard to childcare credit, where it made a modification of the order.
No. M2013-02854-COA-R3-CV (Tenn. Ct. App. Feb. 24, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Parent Relocation Statute Law | Modifying the Parenting Plan.
