Carol Lyn Roberts v. William Frederick Roberts

In this post-divorce proceeding, Carol Lyn Roberts (“Mother”) seeks to relocate to North Carolina with the parties’ minor child, Victoria Noel Roberts (DOB: June 25, 1997). William Frederick Roberts (“Father”) filed a petition in opposition to the move. Following a bench trial, the court determined, under Tenn. Code Ann. § 36-6-108, that the parties were spending “substantially equal intervals of time” with their child and that it was in the child’s best interest to remain in Tennessee.  Accordingly, the court denied Mother’s request to relocate. Mother appeals. For the reasons stated herein, we vacate the trial court’s decision and grant Mother’s request to relocate with the child.