Moms not allowed to relocate to WA with child

Alexis Danielle Rapp and Christopher George Rapp

The divorced parents in this Robertson County Tennessee parental relocation case divorced in 2020. The mother was named as the primary resident parent of their son with 249 parenting days per year. In 2023, she sent a letter to the father informing him of her intention to move to Washington with the child. She believed the job market in Washington was better and that she had family there. The father filed an opposition petition. The mother proposed a parenting plan in which she would receive 273.5 days, while the father would get 91.5. The trial court ruled that the move would not be in the child’s interest and denied the mother’s request.

The mother then appealed to the Tennessee Court of Appeals, which applied the Tennessee Move Away statute.

Under that statute, the main factor is the best interest of the child.

The mother argued that when the lower court decided the case, it overemphasized the father’s involvement in the child’s life. The appeals court disagreed with the lower court’s decision after reviewing the evidence. It noted that both parents had a close relationship with the child. The mother took advantage of the fact that father had little contact with child during COVID-19 pandemic. The father, however, testified that he was trying to limit his exposure to the virus because his father was undergoing cancer treatment. The mother also conceded that when she was injured, the father took over care of the child even though it was outside his allotted parenting time.The mother also stressed the relationship the child had with her parents, but both the appeals court and trial court found that there was a strong relationship with both sets of grandparents.

The mother also asserted that the child’s stepsister had abused him. The trial court substantiated the claims of abuse. But the trial court had found that overall, the relationship had been loving and appropriate.

The mother also argued that her increase in earnings and free time in Washington would benefit the child. The lower court found that being close to the dad outweighed this benefit, and the appeals judge affirmed this conclusion. Among other things, there were no direct flights between Nashville and the area in Washington where the mother sought to relocate.Overall, the Court of Appeals reviewed the statutory factors and concluded that the lower court’s conclusion was supported. The Court of Appeals affirmed the lower court’s judgment, and assessed the mother’s costs for the appeal.