The Tennessee Court of Appeals reversed the order in Garrett v. Garrett, No. E2012-02168-COA-R3-CV (Tenn. Ct. App. 2013) that the father of the children was to receive primary placement so the children could attend the school that they were attending prior to the divorce of the father and the mother.
The father had petitioned the court for change in placement because the mother had relocated her residence and by doing so changed the children to a different school that was within her local school district. He argued that the mother violated the court order by enrolling the children in a different school because it was not a unilateral decision based amongst the two parents.
The mother argued that she needed to change the children from their old school that they were attending prior to the divorce to the new school because it was close to her residence and since she was the primary placement provider, the children needed to change schools according to the jurisdiction laws.
The Board of Education filed on behalf of the mother stating that the children could not attend the school they were attending because they no longer had a primary residence address within that school’s jurisdiction.
The father was given primary placement of the children and it was removed from the mother so that the children could still attend the school that they were familiar with and it was said to be in the best interest of the children.
The court reversed the decision because the father failed to prove that there was a material change in circumstances that should award him placement and stated that the trial court erred in their decision of changing the custody order.
No comments:
Post a Comment