Heather Anne (Coats) Emch v. Edward Glen Emch, III

Case Number
M2021-00139-COA-R3-CV

This appeal concerns a father’s petition to modify the permanent parenting plan for his five-year-old daughter. The father filed his petition after the child’s mother decided to move from Wilson County—where the father lived and the child attended preschool—to Williamson County, where the mother’s fiancé lived. The mother was the primary residential parent and wanted the child to attend school in Williamson County, but the permanent parenting plan gave the parties joint authority over educational decisions, and the father wanted the child to attend school in Wilson County. In his petition, the father contended that the mother’s move constituted a material change in circumstance, and he asked the court to name him as the primary residential parent, implement a 50/50 residential parenting schedule, and give him authority over where the child would attend school. After a three-day trial, the court ordered the parties to send the child to school in Williamson County. The court also found the mother’s move was a material change in circumstance for the purpose of modifying the residential parenting schedule but not for the purpose of changing the primary residential parent or reallocating decision-making authority. The court concluded that a 50/50 residential schedule was in the child’s best interests. This appeal followed.We affirm the trial court’s judgment in all regards.

Authoring Judge
Judge Frank G. Clement Jr.
Originating Judge
Judge A. Ensley Hagan Jr.
Case Name
Heather Anne (Coats) Emch v. Edward Glen Emch, III
Date Filed
Dissent or Concur
No