Tennessee youngster custody case abstract on dad or mum relocation.
David Timothy Dungey v. Doris Anne Dungey
The kid on this Montgomery County, Tennessee authorized matter, was born in 2006, and the dad and mom had been divorced in 2015. The dad and mom 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 dad or mum, and the daddy was granted 137 days per 12 months 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 main residential dad or mum. A listening to was held and the mom’s request was denied. As an alternative, the daddy was named main residential dad or mum. The mom then appealed to the Tennessee Court docket of Appeals.
Underneath 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 components 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 residence in the USA than there have been in Germany. The appeals courtroom analyzed the proof and agreed. Particularly, the kid had testified as to probably not figuring out 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 improvement 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 contemplate the kid’s desire as one of many components. The decrease courtroom had discovered that the kid needed 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 Decide Kristi M. Davis, addressed the opposite statutory components and concluded that the decrease courtroom had accurately utilized these as effectively. For that motive, it affirmed the decrease courtroom’s ruling. The appeals courtroom denied each events’ request for lawyer 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 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 accessible on Amazon.com.
