Parental Relocation after Divorce in Tennessee — How to Do it Right

Sometimes after a divorce you want to shake off the drama and pain and make a fresh start in a new place. You might have received a promising job offer in another state that requires you to move more than 50 miles away from your ex-spouse or co-parent. Under Tennessee law, you must inform the other parent of your intention to move within 60 days prior to the move. When notifying your co-parent of your intention to relocate more than 50 miles away you must inform the other parent of the following:

• Location of your new home
• Reasons for moving away
• Statement notifying the other parent that they have 30 days to file a petition to oppose the move within 30 days of having received your notice.
• You and your co-parent can agree on a revised visitation schedule and petition the court for permission to alter the existing parenting plan, or the other co-parent can file a petition to oppose the move within 30 days.

The court considers many factors when deciding on whether or not to approve a relocation request. The court is concerned primarily with the child’s ongoing relationship with and access to both parents. It will consider issues such as the expense of transporting the child for visitation, and whether both parents currently spend equal amounts of time with the child in its decision.

If you are a non-custodial parent with visitation rights and your co-parent has informed you of their intention to move more than 50 miles away with your child there are steps you can take to make sure that the court recognizes your rights. Talk to a Franklin family law attorney who will assert and protect your rights to be able to have your child nearby so that you can maintain a close, bonded relationship with them.

There are several circumstances under which you can protest your co-parent’s plans to move away from the area with your child which can include:

• The co-parent’s reason for the move is vindictive and designed to keep the other parent from having access to the child
• The child has special education requirements, but there are no acceptable educational facilities in the new location
• The relocating parent will be living with a person who has a history of child or domestic abuse, or who is abusing drugs or alcohol

These are just a few of the reasons the court might not permit the relocation of the child based on protecting the child’s best interests. There is a thorough list of the factors in the Tenn. Code Ann. § 36-6-108

Additionally, either of the parents in a parental relocation matter can recover reasonable attorney fees and other litigation expenses from the other parent at the discretion of the court. Whether you are planning to move away with your child after divorce, or of your former spouse is planning a move that you do not agree would be in the best interest of your child, give us a call. We are ready to discuss your case and inform you of your options.