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Tennessee youngster custody case abstract on mum or dad relocation.

David Timothy Dungey v. Doris Anne Dungey

The kid on this Montgomery County, Tennessee authorized matter, was born in 2006, and the mother and father have been divorced in 2015.  The mother and father met in Germany the place the daddy was stationed within the U.S. Military, and the mom and youngster each had twin citizenship.  The mom requested permission to relocate to Germany, however this request was denied.  The mom was named the first residential mum or dad, and the daddy was granted 137 days per yr parenting time.

In 2019, the mom despatched the daddy an authorized letter of her intent to relocate with the kid to Germany.  The daddy filed a petition in opposition to this request, and likewise requested to be named major residential mum or dad.  A listening to was held and the mom’s request was denied.  As a substitute, the daddy was named major residential mum or dad.  The mom then appealed to the Tennessee Court docket of Appeals.

Below the Tennessee parental relocation statute, which was amended in 2018, the courtroom is required to find out whether or not the proposed transfer is in the perfect pursuits of the kid.  The statute lists eight elements that have to be thought-about.

The trial courtroom had first thought-about that there have been extra individuals within the youngster’s life at dwelling in america than there have been in Germany.  The appeals courtroom analyzed the proof and agreed.  Specifically, the kid had testified as to not likely realizing anybody in Germany.  For that reason, the appeals courtroom upheld the decrease courtroom’s findings as to this issue.

Subsequent, the courtroom appeared on the youngster’s growth and age, and the appeals courtroom concluded that this had been accurately utilized.

On this case, because the youngster was 12 or older, the statute permits the courtroom to think about the kid’s desire as one of many elements.  The decrease courtroom had discovered that the kid wished to remain within the U.S. with the daddy, and the appeals courtroom upheld this discovering.

The Court docket of Appeals, in an opinion authored by Choose Kristi M. Davis, addressed the opposite statutory elements and concluded that the decrease courtroom had accurately utilized these as properly.  For that motive, it affirmed the decrease courtroom’s ruling.  The appeals courtroom denied each events’ request for legal professional charges, and assessed the prices of attraction in opposition to the mom.

No. M2020-00277-COA-R3-CV (Tenn. Ct. App. Sep. 23,  2020).

See authentic opinion for actual language.  Authorized citations omitted.

To be taught extra, see Modifying Custody & Parenting Plans.

To be taught extra, see Tennessee Parent Relocation Statute Law.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and youngster assist worksheets from actual instances obtainable on Amazon.com.

- A word from our sposor -

Mother Not Allowed to Relocate to Germany with 13 Yr Previous