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Posted by: Tanja Trezise on Jun 15, 2015

Court: TN Court of Appeals

Attorneys 1:

Curtis L. Bowe, III, Chattanooga, Tennessee, for the appellant, Heather Dawn Lyons Bevil.

Attorneys 2:

Steven M. Jacoway and McKinley S. Lundy, Jr., Chattanooga, Tennessee, for the appellee, Robert Todd Heilig.

Judge(s): SUSANO

This is a post-divorce parent relocation case. Robert Todd Heilig (Father) notified Heather Dawn Lyons Bevil, formerly Helig (Mother) of his intent to move with the parties? minor son from Chattanooga to Toccoa, Georgia, about three and a half hours away, in order to assume new employment. Mother opposed the move and filed a petition asking the trial court to disallow it. Mother alleged that the parties were spending substantially equal intervals of time with the child, and that the move was not in the best interest of the child. The trial court, applying the parent relocation statute, Tenn. Code Ann. § 36-6-108 (2014), found that Father was spending substantially more time with the child than Mother, and held that Mother “failed to prove that the relocation does not have a reasonable purpose, that the relocation would pose a threat of specific and serious harm to [the child] or that the Father?s motive is vindictive.” The trial court allowed Father to relocate with the child. Mother appeals, raising the issue of whether the trial court erred in its calculation of the parties? respective parenting time, and whether it should have found such time “substantially equal.” We affirm.