Aragon v. Aragon

The trial court entered a divorce decree between Mother and Father that incorporated an agreed parenting plan that did not designate a primary residential parent. After the divorce, Father spent the majority of the residential parenting time with the parties’ child. Father later filed a petition asking the trial court to modify the parenting plan to permit him to move with the child to Arizona because he had secured a job in an area where he and the child would live near family. After a trial, the trial court concluded that Father did not have a “reasonable purpose” for the relocation under Tennessee’s parental relocation statute, Tenn. Code Ann. 36-6-108. The court then entered a modified parenting plan designating Mother as the primary residential parent. The court of appeals affirmed. The Supreme Court reversed, holding (1) Webster v. Webster is overruled insofar as it misconstrued the meaning of the term “reasonable purpose” as used in the parental relocation statute; and (2) under the natural and ordinary meaning of the term “reasonable purpose,” Father stated a reasonable purpose for relocating with the parties’ child to Arizona, and Mother did not establish a ground for denying Father permission to relocate with the child. Remanded. View "Aragon v. Aragon" on Justia Law

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