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Posted by: Chandra Williams on Oct 8, 2015

Court: TN Court of Appeals

Attorneys 1:

Lucy C. Wright and Carol M. Ballard, Chattanooga, Tennessee, for the appellant, Jonathan Mackey.

Attorneys 2:

Sandra J. Bott, Chattanooga, Tennessee, for the appellee, Elizabeth Anne Mayfield. Michele L. Coffman, Chattanooga, Tennessee, Guardian Ad Litem.

Judge(s): CLEMENT

Father, the primary residential parent with substantially more parenting time, sought to relocate to Wisconsin with the parties’ minor son. After learning that Father was about to relocate, Mother filed a petition in opposition to the relocation alleging that she had not received notice of Father’s intent to relocate as required by Tenn. Code Ann. § 36-6-108(a) and contending that relocation was not for a reasonable purpose and not in the child’s best interest. After a hearing on the issue of notice, the trial court found that Mother received certified mail from Father more than 30 days prior to commencing this action, but it did not contain notice of Father’s intent to relocate; thus, the court allowed Mother’s challenge to the relocation to proceed. See Tenn. Code Ann. § 36-6-108(g). Following a two-day trial on Mother’s petition, the court found that the testimony of Father and his wife was not credible, that Father did not have a reasonable purpose to relocate, and that relocation was not in the child’s best interest. The court also entered an order prohibiting Father from relocating with the child and designating Mother as the primary residential parent. Father appealed, contending that the trial court erred when it found that Mother had not received notice of his intent to relocate, and that the relocation did not have a reasonable purpose and was not in the child’s best interest. Because the evidence does not preponderate against the trial court’s findings, we affirm the judgment of the trial court in all respects.