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Posted by: Landry Butler on Aug 25, 2016

Court: TN Court of Appeals

Attorneys 1:

Michael A. Carter, Milan, Tennessee, for the appellant, Tasha Dayhoff.

Attorneys 2:

Harold E. Dorsey, Alamo, Tennessee, for the appellee, Joshua D. Cathey.

Judge(s): GIBSON

This is the second appeal in this custody dispute between unmarried parents. After establishing parentage of the minor children, the juvenile court entered a permanent parenting plan without hearing sworn testimony. On appeal, this Court vacated the parenting plan and remanded for an evidentiary hearing. Before the hearing on remand, the mother relocated from West Tennessee to Middle Tennessee with the children. The trial court conducted an evidentiary hearing and determined that the parental relocation statute applied to the court’s decision. The trial court first found that the mother’s move had no reasonable purpose and was vindictive and then concluded that it is in the children’s best interest for the father to be designated primary residential parent. The mother appeals. We affirm.