By David Hudson and Ryan C. Davis
Can One Parent Relocate with a Minor Child in Tennessee?
In child custody cases, it often happens that one parent needs to relocate or move away for a better job opportunity, better educational opportunities for the child, or other reasons. This becomes complicated, as parental relocation with the child can impact the time spent with the other parent. In many states, the custodial parent must provide certain notice to the noncustodial parent and then the noncustodial parent has a right to object.
Tennessee has such a parental relocation law codified at Tenn. Code Ann. § 36-6-108. It provides that after the entry of a child custody decree, a parent seeking to relocate more than fifty (50) miles away from the other parent must provide notice of such relocation. The law requires that such notice contain the following:
- Statement of intent to move;
- Location of proposed new residence;
- Reasons for proposed relocation; and
- Statement that absent agreement between the parents or an objection by the nonrelocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance with this subsection (a), the relocating parent will be permitted to do so by law.
If the nonmoving parent objects to the proposed move, then the court will review the proposed relocation and determine whether it is in the best interests of the minor. There are a series of factors codified at Tenn. Code Ann. § 36-6-108 that the court will consider in determining whether this proposed move is in the best interest of the child. Some of the relevant factors include the quality and duration of the relationship with both parents, the reasonable preference of a minor 12 years of age or older, the quality of life financially and educationally in the new location vis-à-vis the former location, and the reasons for the relocation. Many of these factors are the same factors that a court uses to determine who the primary parent should be in divorce and child custody matters.
If you are wanting to relocate your child, or if you are a parent and your former spouse is seeking to relocate, it is important that you contact an experienced family law attorney as soon as possible.
The experienced family law attorneys at Ryan C. Davis Law, PLLC can assist you through this challenging process. Call 615-649-0110 to schedule a consultation today.
