What You Should Know about Parental Relocation in Tennessee
When a couple with children divorces, the state of Tennessee makes a decision about “co-parenting” rights that used to be called “custody” based on the best interests of the child. If one parent has primary parental rights or primary physical custody of the child, the other parent can seek (and may be granted) alternative residential parent status or what used to be called visitation rights.
However, if one parent plans to move out of state or at least 50 miles away in state for a valid reason, there are a number of steps that the relocating parent must take according to the Tenn. Code Ann. § 36-6-108. These steps apply to BOTH parents alike.
The process works like this:
- The relocating parent must notify the other parent. The relocating parent must send notice through registered or certified mail at least 60 days prior to the proposed move. The notice must contain the following information:
- Statement of intent to move;
- Location of proposed new residence;
- Reasons for proposed relocation; and
- Statement that the other parent may file a petition in opposition to the move within 30 days of receipt of the notice.
- A new visitation schedule (shared co-parenting time) must be created. In Tennessee, parents may create that new schedule together and file an AGREED PERMANENT PARENTING PLAN with the courts. If the parents cannot agree, however, then a petition must be filed in the original divorce or juvenile court to alter visitation. Many courts or parenting plans require mediation to try to solve the issues before a hearing in court. If mediation fails, a judge will conduct a trial, look at all relevant factors and make a ruling.
You must ask a judge to allow you to move the child. The law states that when parents spend “substantially equal intervals of time with the child” and one parent seeks to relocate with the child, the other parent has 30 days to oppose the petition. A parent cannot simply move and take the child with him or her, even if that parent usually spends more time with the child. This is an important step, because any parent who relocates with a child without modifying the custody order through the court could potentially face parental interference actions or even kidnapping charges.
If you wish to move, your former spouse cannot stop you; however, you may face additional difficulties when it comes to the custody agreement if you move before the modifications take place. At LaFevor & Slaughter, we help our clients understand the laws governing parental relocation, and will work with you and with your former spouse (if that is what you want) to help you reach an agreement about visitation and custody that you can send to the court.
To schedule a consultation with a skilled Knoxville divorce lawyer, please contact our office. We are prepared and ready to help.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.