Nashville Relocation Lawyer
When you separate from your child’s other parent and share custody of your kids, life becomes complicated. This is especially true in situations where either parent wants to relocate.
Nashville relocation lawyers can help you if you need to move, or if your former spouse’s move is at risk of impacting your relationship with your kids.
At Burdine Law Firm, PLLC, our focus is always on helping our clients live their best lives after divorce. We know that relocation issues are a key part of that. We’ll fight to help protect your child and your shared relationship, so give our Nashville family law lawyers a call at (629) 529-4615 to see what we can do for you.
Rules for Relocation in Nashville, Tennessee
Tennessee law has strict rules for parental relocation when parents share custody.
Tennessee Code Section 36-6-108 states that “after custody or co-parenting has been established by the entry of a permanent parenting plan or final order, if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent’s last known address by registered or certified mail.”
The parent who wishes to move must send this notice at least 60 days before the move and it must contain certain information including:
- A statement saying they intend to relocate
- The location they wish to move to
- The reasons they want to move
- A statement that, unless the other parent objects within 30 days, they’ll be allowed to relocate
Ideally, the parents will be able to agree on a new custody arrangement when this type of move occurs. Burdine Law Firm, PLLC can help you negotiate a new parenting plan. Our Nashville relocation attorneys help 99% of our clients resolve their issues outside court, which can be the least stressful and least costly approach.
How Courts Determine if Parents in Tennessee Can Relocate
If parents cannot agree, then the relocating parent will need to petition the court asking for permission to move.
The court will consider whether the relocation is in the child’s best interest by taking into account a number of factors outlined in Tennessee Code Section 36-6-108 including:
- The “nature, quality, extent of involvement, and duration” of the relationship between the child and the parent who wishes to relocate, as the relationship between the child and the non-relocating parent, siblings, and “other significant” persons.
- The child’s age, developmental stage, and needs, and the ways in which relocation will impact their physical, educational, and emotional development
- How feasible it is to preserve the relationship between the child and the non-relocating parent given the parties’ financial circumstances and the logistics of the move
- The preferences of children 12 and over (and sometimes the preferences of younger children upon request)
- Whether the relocating parent has tried in the past to promote or disrupt the relationship between the child and the non-relocating parent
- Whether the move will enhance the quality of life and opportunities available to the child and relocating parent
- Why each parent is in favor of, or opposed to, the relocation
The Nashville divorce attorneys at Burdine Law Firm, PLLC can work with you to craft compelling arguments on these issues to maximize the chances the court will make your preferred choices about the relocation request.
Getting Help from Nashville Relocation Lawyers
The Nashville child custody attorneys at Burdine Law Firm, PLLC have extensive experience representing clients in relocation cases. We can work closely with you to negotiate an agreement or present a solid case in court while always focusing on the goal of doing what’s best for you and your child. Give our experienced Nashville relocation lawyers a call today at (629) 529-4615 to learn more.