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Posted by: Tanja Trezise on Mar 4, 2014

Court: TN Court of Appeals

Attorneys 1:

Helen Sfikas Rogers and Lawrence J. Kamm, Nashville, Tennessee for Petitioner/Appellant, John Daniel Rudd.

Attorneys 2:

Abby R. Rubenfeld, Nashville, Tennessee for Respondent/Appellee, Debra Ann Gonzalez.

Judge(s): KIRBY

This appeal involves post-divorce parental relocation. The mother notified the father that she intended to relocate outside Tennessee with the parties’ minor daughter. The mother asserted that the relocation was for purposes related to her career as a surgeon. The father filed a petition opposing the relocation on the grounds that the mother’s motive for the relocation was vindictive and that the relocation did not have a reasonable purpose under Tennessee’s parental relocation statute. After a bench trial, the trial court held that the father had not carried his burden of proving the mother’s motive was vindictive or that the relocation was not for a reasonable purpose, and so permitted the mother to relocate with the parties’ child. The father now appeals. Discerning no error, we affirm.