Rogero v. Pitt

OPINION

HARBISON, Chief Justice.

In this case the mother of two young children sought permission to move with them from Knoxville, Tennessee, to Dayton, Ohio, where she planned to remarry. The father opposed the removal, primarily upon the ground that it would disrupt the joint custody arrangement which the parties had agreed upon when they were divorced in September, 1983.

Both the trial court and the Court of Appeals denied the petition of the mother to remove the children, holding that she would either have to remain in Knoxville in order to continue to be the residential parent or, if she…