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Reviewed by Elizabeth Fendley Birch
After your divorce, you may want to move on and give yourself a fresh start in life. However, your actions to accomplish this cannot be so severe if you have a child involved. For one, you cannot pack your belongings and move out of the state of Tennessee on a whim, with no notice or permission. With that being considered, please follow along to find out how to get approval for relocating with your child and how one of the proficient Clarksville child relocation lawyers at Fendley and Birch can help strengthen your chances.
In Tennessee, you will only need court approval to relocate with your child if the other parent objects to the move. In accordance with TN Code § 36-6-108(a), a parent who spends intervals of time with the child and wishes to move outside of Tennessee or more than 50 miles from the other parent within the state must mail written notice to the other parent via registered or certified mail at least 60 days before the move. However, the court may excuse this timing for exigent circumstances.
The notice must clearly state your intent to move, the location of your new residence, and your reason for moving. Additionally, it must inform the other parent that failure to agree or object within 30 days permits you, by law, to relocate.
Importantly, this standard applies regardless of whether you were granted primary residential custody over your child, while your former spouse only has visitation rights. This is because the court may still have ordered joint legal custody, in which you have a 50/50 say in important decisions in your child’s life, including where they live.
Additionally, Tennessee law does not favor mothers over fathers in custody disputes. As such, the court considers each parent’s arguments equally and focuses on the best interests of the child.
In the event a parent is looking to relocate with the child, the nonresidential parent may file an objection with the appropriate Tennessee family court, so long as they do so in the necessary timeframe. As such, the court will then evaluate whether or not the proposed relocation is in the best interest of the child. Judges will typically consider:
If an objection is filed, § 36-6-108(b) will determine what happens next. Typically, the parent relocating will file a petition to seek approval for the move, and the non-relocating parent will have 30 days to issue a response to that petition. Failure to respond means the relocation is permitted.
One outcome that often surprises parents is that, in accordance with § 36-6-108(c)(4), a denial does not prohibit you from moving. Instead, the court will enter a parenting plan that only takes effect if you choose to relocate anyway, which typically means you will give up the residential schedule currently in effect. Under § 36-6-108(f), either parent may also be ordered to pay the other’s reasonable attorney fees and court costs at the court’s discretion.
The Tennessee family court works under the assumption that your child will benefit most from maintaining a close relationship with both parents. Therefore, it may be hard to convince the court that relocating further away from the child’s other parent will not affect their relationship and overall well-being.
To strengthen this request, you’ll need to show that relocation will not only positively benefit your child but that you can preserve a working parenting time arrangement.
Regardless of whether or not the court approves or rejects the relocation, § 36-6-108(c)(3) and (c)(4) require the court to enter a modified permanent parenting plan that accounts for the new distance between the two homes.
When determining the plan, § 36-6-108(d) instructs the court to consider alternative arrangements to keep the child connected to the other parent, assess the cost of transporting the child for visitation, and to determine if those additional travel expenses justify a deviation from the child support guidelines.
It’s important to understand that relocating without the permission of the court or complying with Tennessee custody laws can have intense legal repercussions. As such, if the other parent objects to the move and you leave without notice or court authorization, it can have a drastic impact on your custody rights and future family law matters.
Family courts place considerable emphasis on the ability of a parent to adhere to court orders and cooperate with the child’s other parent. As such, attempts to relocate without court approval can decimate credibility with the court, ultimately impacting future family law matters.
In the event you wish to relocate with your child, understanding the factors that the Montgomery County Court and family courts across the state will consider when determining whether or not to approve a request is critical. In general, the court will focus on whether or not the move is in the best interest of the child and if it is practical for the parties involved.
If you wish to relocate with your child, please seek the guidance and counsel of one of the talented Clarksville family lawyers from Fendley & Birch. We will work to the best of our ability to help you fight for the best possible outcome for you and your family. Contact us today to learn how we can represent you during these difficult times.
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