Mom Wins Right to Relocate With Child Away from NFL Dad
Tennessee child custody modification case summary on parent relocation and child support transportation costs.
In re McKayla H.
Mom Wins Right to Relocate With Child Away from NFL Dad
The child in this Shelby County, Tennessee, case was born in 2008 to unwed parents whose relationship ended prior to the child’s birth. At the time of the birth, the mother lived in Virginia where she had graduated from college. The father attended the University of Tennessee where he played football. The father drove to Virginia to visit her, and the mother brought her to Tennessee to visit the father. After graduation, the father signed with the Arizona Cardinals in the first round of the NFL draft.
The mother and child later moved to Knoxville, and in 2011, the Juvenile court entered a parentage order. The father was ordered to pay $2100 per month in child support, but there was no visitation order. In 2012, the father came back to court to establish parenting time. This was granted, structured around his football schedule. About the same time, the mother married, and since then, had three more children.
In 2013, the mother moved to Memphis, and the father sought to transfer the case to Shelby County. The father later purchased a home in Fayette County. He remained with the Cardinals until 2017, and by later that year, he was training with the New York Giants and considering a contract. In 2018, he filed a petition seeking equal parenting time. By this time, the mother was seeking employment in another state with the intention of relocating. The parties made an agreement by which the father had about 165 days of parenting time, but this agreement was never entered by the court.
In 2019, the mother was offered a job in Virginia, and she sent a notice of relocation. The father opposed the request and asked the trial court to deny it. He also asked to be named the primary residential parent.
The court appointed a guardian ad litem, and the child, then 11 years old, testified. A trial was held, but interrupted by the COVID pandemic. The final hearing was held later that year, and in November, the court granted the mother’s petition for relocation, holding that it was in the child’s best interest. The father appealed to the Tennessee Court of Appeals, and after some post-trial motions, the case was decided in 2023.
After stating the standard of review, the appeals court turned to the relocation issue. After explaining the procedural issues, it discussed the factors surrounding relocation.
The first factor is the involvement of the relocating parent with the child, and the appeals court found that this factor favored the mother, and noted that the relationship with the mother’s husband was also “extremely significant.”
The next factor considered was the age and needs of the child. Here, the lower court had noted that the mother and stepfather had helped the child with schoolwork and projects. After extensively reviewing the evidence, the appeals court agreed with the lower court that this factor favored relocation.
The next factor was the feasibility of maintaining the father’s relationship after relocation. After reviewing the evidence, it also agreed with the lower court that this factor favored relocation.
With a child over 12, the child’s preference is a factor. Here, the child, who was almost 12 at the time of trial, and over 12 when the order was entered, had testified, but both courts agreed that she had not expressed a strong preference one way or another.
The court must also consider whether there was any pattern by the relocating parent to thwart the other parent’s relationship. Both courts agreed that this factor favored relocation.
The child’s general quality of life is also a factor, and both courts also agreed that this factor favored relocation.
The parents’ motivations for supporting or opposing relocation can be a factor, but in this case, both courts agreed that this factor did not support either side.
After an extensive review of the evidence, the Court of Appeals agreed with the lower court that relocation was proper.
The trial court had also assessed transportation costs against the father. In affirming this ruling, the appeals court pointed out that as an NFL player, the father had an income of $15 million in the previous two years. It also affirmed the ruling that the father should pay the guardian ad litem fees.
The appeals court also ordered the father to pay both the mother’s and the guardian ad litem’s attorney fees on appeal.
No. W2020-01528-COA-R3-JV (Tenn. Ct. App. Apr. 6, 2023).
See original opinion for exact language. Legal citations omitted.
To learn more, see Modifying Custody & Parenting Plans and our video, How is child custody determined in Tennessee?
To learn more, see Tennessee Parent Relocation Statute Law.
See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.
