As The Crow Flies

The Tennessee Court of Appeals reversed a trial court’s application of a 50-mile rule in a question of relocation of children

A mother relocated less than fifty radial miles, but more than fifty driving miles, from the father. The trial court held that the parental relocation statute applied because the mother relocated more than fifty miles away and, even if she had not, she moved close enough to fifty miles that application of the relocation statute was appropriate. We find that the radial distance should be used to determine whether the relocation statute is triggered. By that standard, the mother did not move more than fifty miles away, and the relocation statute does not apply. Therefore, we reverse the trial court’s decision.

Translation: this isn’t horseshoes.

The law of google

The question presented in this case is how the fifty-mile distance is measured. The relocation statute does not indicate how to measure the distance. Father presents a Google map showing the driving distance is over fifty miles. Mother presents a Google map showing the radial, straight-line distance is less than fifty miles.

However

Nothing in this opinion should be construed as foreclosing Father from subsequently asserting a material change of circumstances and addressing the impact of Mother’s move as part of his contention.

(Mike Frisch)