Child custody arrangements can be difficult to set. Every parent wants to have the most time he or she can have with his or her child. Each parent has his or her own schedule that needs to be considered among a host of other issues, including the child’s best interests. That said, once these issues have been settled, residential parents may sometimes look to modify the terms of their child custody arrangements, such as after undergoing a major life change, like getting a new job out of state. That said, if you’re looking to relocate with your child or oppose your co-parent moving away with your child, you need a competent team of child relocation lawyers in your corner. Contact Fendley & Etson today for your initial consultation.
Child Relocation Lawyers | Here to Safeguard Your Child’s Best Interests
When it comes to child relocation matters, the welfare and best interests of your child are our top priorities. At Fendley & Etson, our dedicated team of Clarksville child custody lawyers understands the emotional complexities and legal intricacies involved in these cases. We are here to provide unwavering support and guidance to ensure that your child’s well-being remains paramount throughout the relocation process.
Circumstances That May Qualify for Relocation
Relocation with a child in Tennessee is a sensitive issue, and the courts carefully evaluate each case. There are several circumstances under which the residential parent may seek permission for relocation:
- Employment Opportunities: If the residential parent receives a job offer or promotion that necessitates a move, this can be a valid reason for seeking relocation. The court will assess whether the move is in the child’s best interest.
- Family Support: Relocation may be considered if the residential parent wishes to be closer to family members who can provide essential support in raising the child, such as grandparents or other relatives.
- Educational Opportunities: Access to better educational opportunities for the child can also be a compelling reason for relocation. This includes enrolling the child in a school with specialized programs or better resources.
- Safety Concerns: If the current environment poses safety risks to the child, the residential parent may seek relocation to a safer neighborhood or community. The court will prioritize the child’s safety and well-being.
- Child’s Best Interest: Ultimately, the court’s primary focus is on the child’s best interest. If the relocation enhances the child’s overall quality of life and emotional well-being, it may be permitted.
How TN Courts Determine Relocation in Custody Cases
In Tennessee, there are various laws that control what happens to child custody arrangements when one parent relocates. When the residential parent seeks to move out of state or to move more than 50 miles away, he or she needs to seek the court’s permission, and the nonresidential parent can object to the move. For military service members who are on deployment, they may transfer temporarily their time with the child to their own parents.
When a residential parent wishes to relocate with their child post-divorce, the Tennessee courts employ a comprehensive assessment to ensure the child’s best interests are protected. The following are some key factors considered in these cases:
- Child’s Best Interest: The court’s primary concern is always the child’s best interest. They will assess how the proposed relocation may impact the child’s emotional, educational, and physical well-being.
- Reason for Relocation: The residential parent must provide a compelling reason for the relocation. Valid reasons may include job opportunities, family support, or the pursuit of higher education. Courts will scrutinize the sincerity and necessity of the move.
- Notice to Non-Residential Parent: The residential parent must provide adequate notice of the intended relocation to the non-residential parent. This notice should be given at least 60 days before the intended move.
- Non-Residential Parent’s Response: The non-residential parent has the opportunity to object to the relocation within 30 days of receiving notice. If they object, the court will hold a hearing to determine whether the relocation is in the child’s best interest.
- Impact on Visitation Schedule: The court will assess how the relocation may impact the non-residential parent’s visitation schedule. If the move significantly impairs the non-residential parent’s ability to maintain a relationship with the child, the court may deny the request.
- Educational Opportunities: Courts will consider the quality of the child’s current education and whether the proposed move offers better educational opportunities.
- Emotional Adjustment: The court will evaluate the child’s emotional attachment to both parents and how the relocation might affect their emotional well-being.
- Age and Preferences of the Child: The age and maturity of the child can play a role in the court’s decision. In some cases, older children may express their preferences regarding the relocation.
- Parental Cooperation: Courts assess the willingness of both parents to cooperate in facilitating a continued relationship between the child and the non-residential parent.
To ensure that you are able to secure the outcome you need for any possible relocation, it is best to work with experienced family law attorneys.
Contact Our Montgomery County Child Relocation Lawyers
Fendley & Etson is known for offering highly effective representation that can help you no matter which side of a child custody modification/relocation issue you are on. We help residential parents who are seeking to move as well as nonresidential parents who want to protect the place they have in their children’s lives. Contact our seasoned Clarksville child relocation lawyers today so we can get started working on your case.