Life does not stand still. New job offers pop up, families blend, or loved ones need care. But if you are a parent with a Tennessee parenting plan, moving is not as easy as loading up a U-Haul and driving away.
When a move could change your child’s school, daily routine, or the amount of time they spend with their other parent, Tennessee law has rules about what you can or cannot do.
Whether you are hoping to relocate or have received notice that your co-parent wants to move, here is what you need to know about how relocation affects custody and visitation rights in Tennessee.
What Tennessee Law Says About Relocation
There are relocation rules if you have custody or visitation rights and want to move more than 50 miles away from the other parent or outside Tennessee.
While a move might sound like a new opportunity, it can disrupt the existing custody and visitation schedule, especially if weekday visits, school events, or weekend parenting time become harder to manage.
You may not need court approval if your move is within that 50-mile range and does not interfere with the schedule.
However, if it crosses the legal threshold, you have to follow Tennessee’s notice and consent process before making any big changes.
When Do You Have to Give Notice?
Under Tennessee law, the parent who wants to relocate must send the other parent written notice at least 60 days before the move. This notice has to include:
- The proposed new address, or at least the city and state
- The reasons for the move
- A proposed revised parenting schedule
This notice must be sent by certified mail, and a return receipt must be requested. An email or a quick text message does not comply with the law.
Once the other parent gets the notice, they have 30 days to file an objection. If no objection is filed, you may be able to move forward without any other legal action.
However, if they do object, the court will hold a hearing. The judge will decide whether the move is allowed and how custody should be adjusted.
The Move Must Be Made in the Best Interests of the Child
When there are disputes, Tennessee courts look closely at whether the move is in the child’s best interest. At the hearing, the judge will consider:
- The reason for the move
- The relationship with each parent
- Impact on the child’s life
- Feasibility of preserving the relationship
If you are the parent wanting to relocate, you need to have a legitimate reason for the move. Without that, the judge may deny your request. Make sure to point out how this will improve the child’s quality of life with better schools, safer neighborhoods, or more family support.
You also want to show that you are committed to helping your child maintain a strong bond with the other parent, which can work in your favor. If you are moving far, consider how holidays, summer breaks, and transportation will work. Having a plan will show you are committed to preserving the bond between both parents.
What Happens If You Don’t Approve the Other Parent’s Relocation Request?
Sometimes, you are on the other end of the request. The other parent’s move may be in conflict of your custody agreement. In these cases, you want to act fast.
Once you get the notice, you only have 30 days to object. In these cases, you want to keep the focus on your child. Courts want to hear how the move will impact their stability, not how you will be inconvenienced.
Do You Need Legal Help?
Relocation cases in Tennessee can be emotionally charged situations. Whether you are hoping to move or trying to keep your child nearby, an experienced Tennessee family law attorney can help you meet all deadlines and present a solid case before the judge.
Depending on your stance on the issue, you need legal help when it comes to any child custody modification requests. These professionals can help protect your relationship with your child and fight for their best interests.
Legal Assistance Is Available for These Custody Issues
Now that you know how relocation affects custody and visitation rights in Tennessee, you can start to act. Relocation after divorce or separation is not about moving trucks and new schools but protecting your child’s relationships, stability, and best interests.
If you are looking to protect your child’s future, Easter & DeVore, Attorneys at Law, can help. With our focus on child custody in Tennessee, we can improve your chances of reaching an outcome that works for you and your child. Schedule a consultation so we can discuss your situation.
