Tennessee’s Law on Parental Relocation
When a divorced parent wishes to relocate, particularly out of state, it can disrupt the existing custody arrangement with the other parent as well as impact the child. In these cases, Tennessee courts will consider:
- The reason for the proposed relocation (employment, family support, better opportunities, etc.)
- How the move might impact the child’s relationship with the parent not relocating
- The possibility of creating a new visitation schedule that upholds the child’s relationship with both parents
Most of all, courts consider the child’s best interests and prioritize stability, emotional bonds with each parent, and how to minimize stress or disruption. Since proximity to each parent often best supports a child’s emotional and social needs, relocation arrangements must be tailored to what will best maintain their well-being.
What is Tennessee’s parental relocation statute?
Tennessee’s parental relocation statute requires that any parent who wishes to move more than 50 miles away from the other parent must send a formal notice to the parent who isn’t moving, provided there is an existing custody order and parenting plan.
The notice should be sent by registered or certified mail to verify it was received. Except in emergencies, the moving parent must send the notice at least 60 days before the move date to give the other parent time to object, try to work out an agreement and schedule a court hearing.
The notice must include:
- The intent to move to a new residence
- The location of the new home
- The reason for the move
- A statement that the non-relocating parent has 30 days from the date of the notice to object to or agree to the move
If the non-moving parent objects, the relocating parent must petition the court to seek approval for the move. The non-moving parent then has 30 days to file a response; otherwise, the move will be approved.
How does Tennessee’s current parental relocation statute differ from prior law?
Tennessee’s current parental relocation statute, updated with significant changes in 2018, differs from prior law in several important ways:
- Parental burden: Previously, if the primary residential parent wanted to move and the other parent objected, the objecting parent had to prove that the relocation was not in the best interests of the child. Now, if one parent objects to the other parent’s move, the relocating parent must prove that the move is in the child’s best interests. If parents share equal parenting time, they both have the burden of showing whether relocation or non-relocation serves the child’s best interests.
- Distance vs. state lines: Previous law generally required court intervention for any relocation across state lines, regardless of whether the move was a short distance away. The updated statute focuses on distance (50 miles) rather than state borders and helps clarify situations where parents move a short distance across state lines or within Tennessee.
- Parenting time: The previous statute did not provide specific guidelines on how courts should handle moves that significantly affect parenting time. However, the new law provides clearer guidelines on how the court should assess and potentially modify parenting arrangements if the relocation is approved, focusing on ensuring that the child’s relationship with both parents is preserved as much as possible.
- Best interests of the child: Under the older law, only a few factors were considered for determining whether relocation was in the child’s best interest, such as the stability of the child’s environment and the distance of the move. The revised law includes an expanded list of factors specifically addressing relocation, which provides more thorough guidance on assessing the child’s best interests.
Factors in deciding whether to approve the relocation
Under the current law, the court prioritizes the best interest of the child by considering the following factors:
- Parent-child relationship: The significance, degree of involvement, and length of the child’s relationship with the parent who wants to relocate, as well as with the non-relocating parent, siblings, and other important people in their life.
- The child’s needs: The child’s age, stage of development, and the likely impact the relocation will have on the child’s physical, educational, and emotional development; also, considering any special needs of the child.
- Visitation: Preserving the relationship between the parent not relocating and the child through appropriate visitation arrangements while considering the logistics and financial circumstances of the parents.
- Child preference: The court typically gives the preference of older children (those age 12 or older) more significant weight than that of younger children, although a younger child’s preference may be heard upon request.
- Past conduct: The steps the relocating parent has previously taken to encourage or sabotage the child’s relationship with the non-relocating parent.
- Quality of life: Whether the child’s relocation will improve the general quality of life for both the relocating parent and the child—financial and emotional benefits or educational opportunity.
- Opposition: The reasons each parent is for or against the relocation.
When determining whether to approve a modified plan, the court will also consider alternative arrangements, transportation costs, and whether the child support order should be changed as well. The court may allow parents to recover reasonable lawyer fees and other court expenses.
A parent needing to relocate due to a new job or relationship has the right to seek modification of a current custody order. However, if you are concerned a parent is moving just to make things difficult for you or your child, you have the right to contest the move. The lawyers at the Law Offices of Adrian H. Altshuler & Associates are ready to help you create or modify any custody, parenting plan, or visitation order—we can fight for you and your child. Our offices are located in Franklin, Columbia, and Brentwood. Call us or complete our contact form to arrange your initial appointment with one of our experienced child custody attorneys today.
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