Tribble Law PLLC Blog

Monday, February 5, 2018

Parental Relocation in Tennessee

Once a custody schedule has been established by a court order, if a parent who has joint custody of a child wants to relocate to a different state or move more than 50 miles from the other parent within the state, the relocating parent must comply with specific notice requirements before moving.

The parent wishing to relocate must send notice to the other parent by registered or certified mail no later than 60 days prior to the move. The notice must state:

  1. The intention to relocate
  2. The proposed location of new residence
  3. The reasons for relocation; and
  4. Notice that the other parent may file a petition to oppose relocation within 30 days of receipt of the notice

There is no presumption in favor of or against the request to relocate with the child if the parents spend substantially equal amounts of time with the child under the existing custody order. The court makes the relocation determination based on what it believes is in the best interest of the child.

If the parents do not spend substantially equal amounts of time with the child under the existing order, the parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds:

  1. There is not a reasonable purpose for the relocation
  2. The relocation would pose a threat of serious harm to the child that outweighs the possible harm of a change in custody; or
  3. The parent’s motive in relocating is vindictive in nature, intended to deter the visitation rights of the other parent

If you are considering the possibility of relocating with a child after a custody order has been established, call Tribble & Tribble to discuss your obligations and options. We can help you navigate the legal process to accommodate your family’s needs. 

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