Catherine Caton v. Kyle Austin Caton

About a year after the parties’ divorce, the mother, who had been named primary residential parent, decided to move to Murfreesboro.  Alleging that her move constituted a material change in circumstance, she filed a petition in the divorce court requesting a change in the residential parenting schedule.  Because she planned to move less than fifty miles, the mother asserted that the parental relocation statute did not apply.  But, in case the court disagreed, the mother also asked the court to approve the move.  In response, the father filed a counter-petition seeking to change either the primary residential parent designation or the parenting schedule.  After a hearing, the trial court denied both modification petitions.  And although the court agreed that the parental relocation statute did not apply, the court ordered the mother to remain in Sumner County, Tennessee.  The mother has appealed the court’s restriction on her ability to move.  Upon review, we conclude that the trial court had no legal basis for prohibiting the mother from moving.  So we reverse that part of the court’s order.