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Posted by: Tanja Trezise on Jan 31, 2014

Court: TN Court of Appeals

Attorneys 1:

Jeffrey O. Powell, Goodlettsville, Tennessee, for the appellant, Nycole Alexandria Vaughn.

Attorneys 2:

Edgar Taylor, III, Hartsville, Tennessee, for the appellee, Clint Dewayne Graham.

Judge(s): DINKINS

The father of a nine year old girl filed a petition seeking to legitimate the child, requesting that he be named primary residential parent, and asking that the mother be prevented from moving to Florida with the child. In her answer, the mother asked to be named as the child’s primary residential parent and, having already moved, to be allowed to remain in Florida with the child. After trial, the court ruled that there was no reasonable purpose in the mother’s proposed relocation and that the mother was to return to Tennessee with the child; the court entered a permanent parenting plan which designated the mother as primary residential parent and also ordered the father to pay a portion of the mother’s attorney fees. The mother appeals the court’s disposition of the petition to legitimate; the father appeals the award of fees to the mother. We affirm the decision to award fees to the mother, but vacate the award and remand for a redetermination of the amount; we affirm the court’s judgment in all other respects.