Parental Relocation Laws in Tennessee

If a parenting plan or final order regarding child custody has been put in place in Tennessee, parents wishing to relocate to another state or more than 50 miles away must go through steps to legally effectuate the move in accordance with the child custody order. Nashville family lawyers explain what you need to know about this process.

Providing Notice of the Move

The parent wishing to relocate must send written notice to the parent not relocating at least 60 days before a proposed move. The notice must contain the following information:

  • A statement of intent to move
  • The location of the proposed new residence
  • Reasons for the move
  • A statement that if there is no agreement between the parents or an objection by the parent not relocating within 30 days that the parent will be permitted to move

Agreement or Objection

Following the notice, the parents can agree on a new visitation schedule. Alternatively, the nonrelocating parent can object to the move.

Relocation Petition

The parent seeking to relocate must file a petition that seeks the court’s approval of the relocation. The nonrelocating parent can file a response within 30 days to oppose the petition and state their reasons for doing so. If the nonrelocating parent opposes the move, the court determines whether the relocation is in the child’s best interests by considering the following factors:

  • The nature, quality, extent of involvement, and duration of the child’s relationship with the relocating parent and nonrelocating parent, siblings, and other significant individuals in the child’s life
  • The child’s age, developmental stage, needs, and likely impact the relocation would have on the child’s physical, education, and emotional development
  • The feasibility of preserving the relationship between the nonrelocating parent and the child through visitation, considering the parents’ financial circumstances and logistics
  • The history of the relocating parent’s promotion or thwarting of the relationship between the child and the nonrelocating parent
  • Whether relocating the child would enhance the relocating parent’s and child’s life, including to increase their financial, emotional, or educational opportunities
  • The reasons each parent is seeking to relocate or oppose the relocation
  • The child’s preference if age 12 or older (the court can consider opinions of younger children, but they give them less weight)

If the court determines that the move would be in the child’s best interests, the court modifies the permanent parenting plan to account for the distance. If the court finds that relocation is not in the child’s best interests, it denies the petition and enters a modified permanent parenting plan that becomes effective if the parent still decides to move. Such modified agreement can use alternative arrangements to foster and continue the child’s relationship with and access to the relocating parent and may consider the costs of transporting the child for visitation. A deviation from the child support guidelines may be made to account for increased transportation costs.

Learn More From a Nashville Parent Relocation Lawyer

If you would like help relocating or opposing a relocation petition, a Nashville parent relocation lawyer at Burdine Law Firm can help. Call us at (629) 299-2228 or contact us online to arrange a free case review.