Family Law Visitation Appeal Case
Memphis Germantown Family Law Lawyer
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Ross H. Hicks
Randy Scott Lower v. Melanie Ewing Lower
This post-divorce appeal concerns Mother’s request to relocate to Alabama with the Parties’ minor child. Father objected to the move and responded by filing a petition to modify the parenting plan in which he opposed Mother’s requested relocation and requested designation as the Child’s primary residential parent. Following a hearing, the trial court granted Mother’s request to relocate and revised the parenting plan to reflect the change in visitation as a result of the relocation. Father appeals. We affirm the decision of the trial court.
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Parenting Plan Modification
Background: Modification of Permanent Parenting Plan CasesModification of a Permanent Parenting Plan (PPP) is usually a far more complicated case than the initial custody determination. A PPP can be modified by agreement of both parents. If the other parent will not agree to modify the residential schedule, the court can modify the PPP if there has been a material change of circumstances and the modification is in the best interest of the minor children. Before the court will modify an existing PPP, Tennessee law requires that you and the other parent go to mediation. If the court finds that there has been a material change of circumstance and that the change directly affects the best interests of the minor child, the court is required to modify the PPP in such a way as to maximize the best interest of the minor children.
More information on divorce, custody, support, and asset division.Alimony Basics
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