Judge denies mother's request to relocate 7-year-old; court alters parenting plan if she moves

Judge David D. Wolfe denied a mother’s petition to relocate her 7-year-old daughter from Alexander City, Ala., to a new home in Alberta (and later Fairhope), finding the proposed move would not be in the child’s best interest and would undercut the father’s ability to maintain an active role.

The judge said the move would substantially increase travel time between the parents and would make routine visitation and attendance at school events unrealistic. “I found that this move is not on the best interest of this child,” Judge Wolfe said from the bench as he announced his ruling and the court’s steps to modify the parenting plan should the mother relocate despite the denial.

The ruling resolved a contested relocation petition in Smith v. Smith. The mother, identified in court as Miss Smith, asked to remain in Alabama with her new husband and the child; the father, identified as Mister Smith, opposed the relocation and sought to preserve the existing access arrangements centered on exchanges at Priceville, Ala.

In a detailed oral ruling, Judge Wolfe listed the statutorily required factors the court considered under Tennessee…