NICOLLE M. JOHNSON v. BRIAN KEITH JOHNSON - Articles

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Posted by: Tanja Trezise on Feb 4, 2013

Court: TN Court of Appeals

Attorneys 1:

Laurie Y. Young, Joe M. Brandon, Jr., Murfreesboro, Tennessee, for the appellant, Nicolle M. Johnson.

Attorneys 2:

Daryl Miller South, David O. Haley, Murfreesboro, Tennessee, for the appellee, Brian Keith Johnson.

Judge(s): COTTRELL

Mother and Father were divorced, and Mother was named the primary residential parent of their three children. Mother remarried and decided to relocate to California. Father opposed the relocation and sought to be named the primary residential parent. By the time of hearing, relocation of only one child was at issue. Father introduced expert testimony that the relocation would pose a threat of specific and serious harm to the child that outweighed the threat of harm to the child from a change of custody, as set forth in Tenn. Code Ann. §36-6- 108(d)(1)(B). Relying on the expert’s testimony, the trial court denied Mother the opportunity to relocate with the child to California. Mother appealed, and we affirm the trial court’s judgment.

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