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Posted by: Tanja Trezise on Feb 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert E. Lee Davies and William P. Holloway, Franklin, Tennessee, for the appellant, Alison Fein (Young) Dahl.

Attorneys 2:

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the appellee, Shawn Patrick Young.

Judge(s): BENNETT

Mother and Father were divorced when their child was not quite two years old. Mother was named the primary residential parent. She remarried when the child was three years old and sought to relocate to Virginia when her husband was required to move there for his job. Father objected and sought to be named the primary residential parent. The evidence was undisputed that Mother’s stepson (the child’s stepbrother) committed an act of sexual abuse on the child when he was four and the stepson was ten. Counselors were retained to work with each child. Both counselors testified the situation was under control and Mother was taking proper precautions to protect the child. The trial court permitted Mother to relocate with the child, but it limited the number of days the stepbrother could spend with the child in Virginia. Mother appealed, claiming the trial court’s ruling was arbitrary. She also appealed the trial court’s ruling requiring her to pay the transportation costs of the child’s flights to Tennessee to visit Father, its credit to Father for childcare expenses on the child support worksheet, and its denial of her request for attorney’s fees. We vacate the court’s $250 childcare credit to Father because no evidence of this expense was offered at trial. We affirm the trial court’s judgment in all other respects.