Home Family Law Mother Not Allowed to Relocate to Germany with 13 12 months Outdated

Mother Not Allowed to Relocate to Germany with 13 12 months Outdated

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Tennessee youngster custody case abstract on father or mother 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 had 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 father or mother, and the daddy was granted 137 days per yr parenting time.

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

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

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

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

On this case, for the reason that youngster was 12 or older, the statute permits the court docket to contemplate the kid’s desire as one of many elements.  The decrease court docket had discovered that the kid needed to remain within the U.S. with the daddy, and the appeals court docket 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 court docket had accurately utilized these as effectively.  For that cause, it affirmed the decrease court docket’s ruling.  The appeals court docket denied each events’ request for legal professional charges, and assessed the prices of enchantment in opposition to the mom.

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

See unique opinion for precise language.  Authorized citations omitted.

To study extra, see Modifying Custody & Parenting Plans.

To study 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 circumstances obtainable on Amazon.com.

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