Mom is allowed to relocate with her children despite allegations of abuse by the stepfather
Tennessee child custody case summary on relocation in divorce.
Mother is allowed to relocate children, despite accusations of child abuse by the stepdad.
Daemon Shaun Key v. Cailey Marjorie Gonzales
The parents in this Madison County, Tennessee, case were divorced in 2016. The father filed an opposition. The father filed an opposition.
Later that year, the father took the children to therapy, and as a result, the therapist made a referral to the Department of Children’s Services (DCS) of possible abuse by the mother’s new husband.
Ultimately, the case went to court, and the stepfather was ordered to have no contact with the children. DCS eventually dismissed the petition on the condition that all children would be under the father’s care, and the stepfather would not have visitation. The stepfather’s only contact was to be at counseling sessions.The father opposed the relocation primarily on the grounds that the distance from him would prevent him from protecting the children from the stepfather’s abuse.
Testimony was heard from various witnesses, including the stepfather. He said that he completed all DCS recommendations such as anger management and intensive parenting classes. The trial court noted that the father had a “main issue” with the stepfather and not the mother and that he failed to prove that there was a material change in circumstances. The mother also received over $50,000 in attorneys’ fees. The father appealed the decision to the Tennessee Court of Appeals.
The court looked closely at the father’s concerns regarding the stepfather and mother’s conduct and noted that the lower court did not view their conduct the same as the father. The court determined that, while the stepfather’s behavior was “immature,” he was still allowed to be with the children. The lower court was satisfied these things would never happen again.
After carefully examining all of the statutory considerations,
the appellate court concluded that they acted within their discretion by allowing the relocation. The appeals court affirmed this ruling. The appeals court denied the mother’s request to recover attorney’s fees. W2021-01465-COA-R3-CV (Tenn. Ct. App. See original opinion for exact wording. Legal citations have been omitted.
To find out more, visit Tennessee Parent Relocation Statute Law.
