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Posted by: Chandra Williams on Dec 1, 2015

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

Steven C. Girsky, Clarksville, Tennessee, for the appellant, Reynaldo Manuel Aragon.

Attorneys 2:

Matthew Joel Wallace, Clarksville, Tennessee, for the appellee, Cassidy Lynne Aragon.

Judge(s): DINKINS

Father and Mother were divorced in April 2010; a parenting plan was entered into providing that the parties would share equal parenting time. In March 2012, pursuant to the parental relocation statute at Tenn. Code Ann. § 36-6-108, Father notified Mother that he intended to relocate to Tucson, Arizona, for an employment opportunity and filed a petition requesting to modify the parenting plan and relocate. Mother filed a petition in opposition to relocation, stating, inter alia, that Father’s proposed move served no reasonable purpose. The trial court determined that Father’s move served no reasonable purpose; the court did not make the best interests determination as required by the relocation statute. Father appealed and this court vacated the judgment and remanded the case for the court to consider the best interests of the child and to make findings in that regard. On remand, the court made findings relative to the factors as designated in the relocation statute and concluded that relocation was not in the best interests of the child. Finding no reversible error, we affirm the decision of the trial court.