Cassidy Lynne Aragon v. Reynaldo Manuel Aragon

Cassidy Lynne Aragon v. Reynaldo Manuel Aragon
M2014-02292-SC-R11-CV

In this post-divorce litigation, we granted permission to appeal to address the standard for determining what constitutes a “reasonable purpose” for a parent’s relocation with the parties’ child under Tennessee’s parental relocation statute, Tennessee Code Annotated § 36-6-108. In this case, the father spent the majority of the residential parenting time with the parties’ child.  He sought to move with the child to Arizona because he had secured an advantageous job in an area where he and the child would live near his parents and his extended family and have their support, and where he and the child would live near some of the mother’s extended family as well.  The trial court held that the father did not have a reasonable purpose for the relocation.  In a divided opinion, the Court of Appeals affirmed.  The dissent in the Court of Appeals questioned the interpretation of the term “reasonable purpose” used by the majority, which originated in a prior Court of Appeals decision, Webster v. Webster, No. W2005-01288-COA-R3CV, 2006 WL 3008019 (Tenn. Ct. App. Oct. 24, 2006), that construed the term “reasonable purpose” to mean one that is significant or substantial when weighed against the loss to the parent opposing the relocation.  We overrule Webster insofar as it misconstrued the meaning of the term “reasonable purpose” as used in Tennessee’s parental relocation statute.  Under the natural and ordinary meaning of the term “reasonable purpose,” we hold that the father stated a reasonable purpose for relocating to Arizona with the parties’ child and that the mother did not carry her burden of establishing a ground for denying the father permission to relocate with the child.  Under section 36-6-108(d)(1), “[t]he parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds” that the parent opposing the relocation has proven one of the enumerated grounds.  Because the mother did not prove a ground to deny permission to relocate, we reverse the trial court’s denial of permission for the father to relocate to Arizona with the child, and we also reverse the trial court’s modification of the parties’ parenting plan to designate the mother as the primary residential parent.  On remand, the trial court is authorized to fashion an appropriate transitional parenting plan that results, within a reasonable time, in designating the father as the primary residential parent and permitting him to live in Arizona with the parties’ child.  Accordingly, we reverse the trial court and the Court of Appeals and remand the case to the trial court for further proceedings consistent with this Opinion.

Authoring Judge: 
Justice Holly Kirby
Originating Judge: 
Judge Ross H. Hicks
Date Filed: 
Thursday, March 16, 2017