Relocating with Children After A Divorce in Tennessee
It is common for a divorced parent to want to relocate with a child or children. However, this can be problematic for the other parent as it can cause decreased parenting time and increased visitation costs. In Tennessee if a custodial parent wants to relocate with a child (children) they need to send notice to the other parent. If the other nonmoving parent does not agree with the request, they can ask the court to deny the request or ask for a change in custody.
A custodial parent is permitted to move without the courts approval if the move is less than 50 miles from the other parent’s residence. If a parent wants to move further, or out-of-state, the law requires the parent to provide written notice to the court and the nonmoving parent, and the notice must meet specific requirements. In addition, the notice must be sent by certified or registered mail to the other parent’s last-known address no later than 60 days before the date of the proposed move.
The notice must contain the following information; a statement of your intent to move, the new location of the proposed new residence, reason for the proposed move, and a statement that the other parent may file a petition to object to the move within 30 days of receipt of the notice.
lf a petition in opposition to a relocation is filed – the court shall determine whether relocation is in the best interest of the minor child.
Some Common Considerations During a Relocation Hearing?
- The nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing to relocate and with the nonrelocating parent, siblings, and other significant persons in the child’s life
- The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child
- The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties
- The child’s preference, if the child is twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children
- Whether there is an established pattern of conduct of the relocating parent, either to promote or thwart the relationship of the child and the non-relocating parent
- Whether the relocation of the child will enhance the general quality of life for both the relocating parent and the child, including, but not limited to, financial or emotional benefit or educational opportunity
- The reasons of each parent for seeking or opposing the relocation and any other factors affecting the best interest of the child
There are many factors and considerations the court will weigh when making a child (children) relocation decision. Relocation cases can be very complex and difficult. These situations not only involve changing residences and changing visitation schedules, but may also address the modification of custody. If you want to relocate a child, or you object to a child being relocated – you should seek the assistance of an experienced family law lawyer for help and guidance
Get Help Today
There is a lot at stake with family law issues, so don’t make the mistake of trying to handle them on your own. Schedule a free initial telephone consultation with the skilled lawyers at McKellar, Easter & DeVore, Attorneys at Law, to discuss your situation and your options.
To make an appointment at our office in Knoxville, Tennessee, call 865-566-0125 or send us an email. We accept credit cards.