For many people, life does not stay the same after a divorce. New job opportunities come up, family members move, or a parent may want a fresh start in a new city.
While relocating might seem like the next step for one parent, this decision can become more complicated when a child is involved. Relocating with a child after a divorce must follow a few legal rules.
Learn more about the 50-mile rule in Tennessee so that you can avoid unnecessary conflict and legal trouble.
Tennessee’s Relocation Rules
After a divorce, courts want you to create a parenting plan that outlines where the child lives and how parenting time is shared. These plans are designed to help children have meaningful relationships with both parents.
When one parent moves away, those arrangements can strain everyone. Tennessee’s relocation law prevents those situations from happening without notice. This allows both parents a chance to be heard before a major move takes place.
What Is the 50-Mile Rule?
This rule applies when a parent plans to move 50 miles or more away from the other parent. The rule can also apply if a parent intends to move out of state, even if the distance is less than 50 miles.
If the planned move falls into either of those categories, the relocating parent must provide written notice to the other parent before moving. That notice needs to include:
- The new location where the parent plans to live
- The reason for the move
- A statement informing the other parent that they have the right to object
This notice must be sent at least 60 days before the planned move. With that, the other parent has 30 days to review the situation and decide whether they want to challenge the relocation.
What Happens If the Other Parent Agrees?
Not every relocation leads to a dispute. In some situations, the other parent accepts the reason for the move and agrees it may benefit the child. For example, a parent might relocate for a better job opportunity.
When both parents agree, the process is easier. The parents can work together to update their parenting plan. Sometimes, this might mean fewer weekly visits but longer periods of parenting time during school breaks, holidays, or summer vacation.
What Happens If the Other Parent Objects?
Of course, not every parent is comfortable with the idea of their child moving a longer distance. If the other parent believes the move could harm their relationship with the child, they can file an objection with the court.
When that happens, a judge will review the situation and decide whether the relocation should be allowed.
How Judges Decide Relocation Cases
When a relocation dispute reaches court, the judge focuses on one question: What is in the child’s best interests?
The court may look at several factors, including:
- The reason for the proposed move
- The child’s relationship with each parent
- Whether the move could improve the child’s quality of life
- The impact the relocation might have on the other parent’s time with the child
- Whether either parent is acting in good faith
Every situation is different, and the judge will look at these circumstances to determine whether the move is in the best interests of the child.
You May Need Legal Help
Relocation cases can be stressful for everyone involved. One parent may feel excited about a new opportunity, while the other may worry about losing valuable time with their child.
A Tennessee parenting modification attorney can explain how Tennessee’s relocation rules apply to your situation. They will make sure the required notice is handled properly and guide you through any dispute resolutions.
You need someone who knows the law, especially when emotions are running high and important decisions need to be made.
Find the Solutions for Your Child Custody Case
Sometimes, relocating with a child after a divorce is necessary. Life changes, careers evolve, and families grow in different directions.
The 50-mile rule in Tennessee does not prevent parents from moving, but it does require certain steps when children are involved.
At Easter & DeVore, Attorneys at Law, we can help in these situations. We can assist to find solutions that work for you and your family. Schedule a consultation today.
