STEPHANIE BARRETT v. RONALD KILLINGS - Articles

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Posted by: Karen Belcher on Apr 24, 2023

Court: TN Court of Appeals

Attorneys 1: Andrew Patrick Goldstein and Scarlett Victoria Sloane, Brentwood, Tennessee, for the appellant, Stephanie Barrett.

Attorneys 2: Morgan Elizabeth Smith, Nashville, Tennessee, for the appellee, Ronald Killings.

Judge(s): BENNETT

A mother relocated less than fifty radial miles, but more than fifty driving miles, from the father. The trial court held that the parental relocation statute applied because the mother relocated more than fifty miles away and, even if she had not, she moved close enough to fifty miles that application of the relocation statute was appropriate. We find that the radial distance should be used to determine whether the relocation statute is triggered. By that standard, the mother did not move more than fifty miles away, and the relocation statute does not apply. Therefore, we reverse the trial court’s decision.

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