All Content

Posted by: Landry Butler on Nov 30, 2017

Court: TN Court of Appeals

Attorneys 1:

Shon DeBrock Johnson, Jasmine Monique McMackins, and Ethan Daniel Lavelle, Paris, Tennessee, for the appellant, Citrina Louise Gensmer.

Attorneys 2:

Teresa McCaig Marshall, Paris, Tennessee, for the appellee, Luke August Gensmer.

Judge(s): BENNETT

The divorced mother and father of a nine year-old child were sharing residential time equally when the mother notified the father of her intent to relocate to Gulfport, Mississippi, eight to nine hours away. The father opposed the relocation and asked the court to designate him as the primary residential parent. After determining that the parties spent substantially equal intervals of time with the child during the twelve months immediately preceding the trial, the court conducted a best interest analysis to determine whether it was in the child’s best interest to relocate with the mother. Concluding that it was not in the child’s best interest to relocate, the court designated the father as the primary residential parent and entered a new parenting plan in which the mother was awarded sixty-four days per year of residential time with the child. The mother appealed several aspects of the trial court’s decision, and we affirm the judgment in all respects.