TBJ Article on Update in Relocation Law in Tennessee: Aragon

In the May 2017 edition of the Tennessee Bar Journal, Marlene Eskind Moses and Manuel Benjamin Russ contributed an interesting and insightful article, entitle “Redefining Relocation,” in which they discussed a recent TN court case, Aragon v. Aragon. The decision of this custody case will have a significant influence on case rulings regarding the relocation of the primary caregiver parent in Tennessee courts.

The article begins by outlining the standards by which Tennessee trial courts make their decisions when deciding custody when one parent seeks to relocate. These standards are required under Tenn. Code Ann. Sec 36-6-108. The authors then describe the case of Aragon v. Aragon, in which the father was the primary residential parent and sought to relocate with his daughters to Arizona, which the mother then objected to. Originally, the court ruled in favor of the mother, transferring primary custody of the children to her, allowing them to remain in Tennessee. The Court of Appeals upheld this verdict, but the Tennessee Supreme Court disagreed, in the process also overruling a previous case, Webster v. Webster. The article states that the TN Supreme Court believed that the father had met the requirements for having a “reasonable purpose” in relocating.

The authors then go on to state that, “Aragon v. Aragon represents a significant shift in cases of this nature and provides clarity to both courts and practitioners alike regarding the issue of relocation.” The article concludes that the court’s ruling here will help clarify the rules regarding relocation for future custody cases.

Thank you to Kathryn Owen for this contribution.

Read more about Aragon decision on the Tennessee Family Law Blog and Parent Relocation Law in Tennessee.