When a couple who has a child divorces, each parent has the custody rights afforded to them in the custody order issued by the court. In Tennessee, divorcing parents are required to complete a parenting plan, which includes the text of the TN Parental Relocation Statute. This law outlines the steps that are required when a parent wants to move more than 50 miles away from the other parent and take the child with them.

The first step in the process of relocating when you are sharing custody of a child is to send a letter by certified mail, return receipt requested, to the other parent at least 60 days prior to the move letting them know of your intention to move, the location of your new home, the reasons for your move and a statement that the other parent may file a petition in opposition to the move within 30 days of having received the notice.

The parents can discuss the situation and agree on a new Parenting Plan that accommodates the new distance between them. However, when parents are unable to agree, a judge will order a modified Parenting Plan, taking both parents’ requests into account, as well as the best interest of the child.

Can the other parent object to the move?

If the other parent files a Petition in Opposition to the relocation, there can be no relocation until the court makes a decision.

There are several circumstances under which parents might need to move, including:

• To accept a new job
• One parent has health issues and they need to be near a hospital
• To be closer to their family members
• If you decide to remarry and your new spouse works and lives in another town or state

Some of the reasons the other parent might object to the move include:

• Wanting to keep the child near his or her school, doctor and family members
• Proving that the other parent wants to move simply to make visitation more difficult
• Proving that there is no reasonable purpose for the move
• Financial hardships which could keep the parent from seeing his or her child

The court wants to maximize both parents’ time with the children. It may take a bit of compromise on the part of both parents to make the new arrangement work. Our Nashville family law attorneys have years of experience helping families move beyond conflict and find a way to come to a mutually agreeable solution that works for everyone concerned especially the child.

If you divorcing and planning to move more than 50 miles away, you are invited to speak with a Nashville divorce lawyer who will protect your rights. You are welcome to contact the legal team at Miller Upshaw Family Law, PLLC for more information.