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Posted by: Amelia Ferrell Knisely on May 27, 2016

Court: TN Court of Appeals

Attorneys 1:

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the appellant, Johnathan Lee McDonough.

Attorneys 2:

Michael K. Williamson and Tracy P. Knight, Clarksville, Tennessee, for the appellee, Sloan Marie McDonough (now Langelier).

Judge(s): SWINEY

Johnathan Lee McDonough (“Father”) appeals the order of the Circuit Court for Montgomery County (“the Trial Court”) denying Father's post-divorce petition to relocate to Arizona with the parties' three minor children (“the Children”), and granting Sloan Marie McDonough (“Mother”) primary residential custody of the Children. Father raises an issue with regard to whether the Trial Court erred in finding that Mother?s counter-petition was filed timely, and because of this alleged error, erred in not allowing Father to relocate with the Children pursuant to Tenn. Code Ann. § 36-6-108. We find and hold that Father failed to prove that he provided the required notice to Mother of the relocation pursuant to Tenn. Code Ann. § 36-6-108, and, therefore, the statutory response period never was triggered. As such, we find no error in the Trial Court's determination that Mother?s counter-petition was filed timely, and we affirm the Trial Court's order denying Father?s petition to relocate with the Children.