Tennessee parent relocation and child custody

On Behalf of | Jan 11, 2022 | Family Law

Tennessee family law statutes state that if a parent who is spending significant time with a child desires to move out of state or more than 50 miles from the other parent, the relocating parent has to send a notice to the other parent. The notice must be sent to the other parent’s last known address and must be mailed at least 60 days before the move. Here are some other important points to know about parent relocation.

What does the notice entail?

The notice must clearly outline the parent’s intent to move as well as the location of the parent’s new residence. The reason for the relocation should be provided in the document. The relocating parent must also provide a statement allowing the other parent to file a petition to oppose the move within 30 days after receiving the notice so that the case can be taken to a family law court.

If the parents are not able to agree on a revised visitation schedule, the parent who is relocating should file a petition to make changes to the visitation plan according to family law. The court will assess all factors and consider which alternative arrangements will help the parent maintain a connection with the child. The courts will also evaluate the cost of transportation for visitation and whether changes should be made to the current child support order to account for these costs.

Shared custody

If both parents are spending the same amount of time with the child and the relocating parent wants to take the child with them, the other parent can file a petition to oppose the move. The courts will not automatically favor one parent over the other in this case. However, the court will assess the situation to determine if the move is in the child’s best interest.

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