When unmarried or divorced parents share custody of their children, the situation can get complicated when one parent decides to move out of state. Tennessee has a relocation statute in place to protect the best interests of the child.
Before one parent can move either out of state or more than 50 miles away, they must notify the other parent at least 60 days prior to the move. The notice must include the following information:
- Statement of intent to move
- Location of new residence
- Reason for relocation
- Statement that the other parent may file a petition in opposition of the move, within 30 days of receiving the notice
The parents may choose to work together to determine a new visitation schedule. But if the local parent objects, they can file a Notice of Opposition to the Relocation. The court will then consider all relevant factors, including:
- If there is a reasonable purpose for the move
- If the relocating parent is acting vindictively
- The child’s need for stability
- The child’s ties to the community and school
- The parents’ willingness to work together and adhere to a court-ordered visitation schedule
- The parents’ physical and mental health
- The child’s relationship with each parent
- The ability of the parents to care for the child
- Evidence of physical or emotional abuse
Ultimately, the best interests of the child are the court’s primary concern. The preferences of the child will be considered if the child is 12 or older. If the relocation is deemed to be harmful to the child in any way, it will not be granted.
Child custody is often a complicated and contentious issue. To learn more about child relocation in Tennessee, feel free to give me a call.
s/Brock East
