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How Can I Relocate with My Child After Divorce?

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When your divorce is finalized, you or your former spouse will inevitably have to find a new place to live. And if your settled child custody arrangement leaves you both with joint custody over your child, this new place must be within the state borders of Tennessee. Not only within the state, but also within a close commuting distance away from one another, for the sake of convenience when picking up and dropping off your child for scheduled custody times. This is all to say that petitioning to relocate with your child out of state may be a doozy. Without further ado, please continue reading to learn how to relocate with your child after divorce legally and how one of the experienced Clarksville child relocation lawyers at Fendley and Birch can help you do so without consequence.

How can I legally relocate with my child after divorce?

Say you were appointed the residential parent over your child in your divorce settlement. Then, say you wish to move out of state or more than 50 miles away from the nonresidential parent later on. Well, under these circumstances, you may have to petition for a formal relocation order with the Tennessee family court that originally settled your child custody arrangement.

With this, the nonresidential parent may step forward and object to the move. So you must do everything to present a strong case to the court, demonstrating that the move would be in your child’s best interest wholeheartedly. Here, you may argue that you seek permission for relocation based on any one of the following valid grounds:

  • You received a better job offer or promotion that necessitates an out-of-state move.
  • You wish to live closer to extended family members who volunteered essential support for raising your child.
  • You wish for your child to get access to better educational opportunities than what is currently offered.
  • You wish for your child to grow up in a safer neighborhood or community than where they currently live.

What happens if I relocate with my child without court permission?

If the nonresidential parent objects to your initial request to relocate with your child, it is pertinent that you take the issue to the Tennessee family court and seek their official permission. This is because leaving without notice or approval may have you facing serious legal consequences, such as the following:

  • You may be held in contempt of court for violating your standing child custody order, which comes with jail time, fines, attorney fees, etc.
  • You may be charged with parental kidnapping, especially if your child is taken internationally, which comes with jail time, fines, attorney fees, etc.
  • Your standing child custody arrangement may be modified in your disfavor, which may cause you to lose your parental and visitation rights entirely.
  • You may be ordered to become the payor of child support if your custody arrangement is modified and you suddenly become the nonresidential parent.
  • You may be ordered to abide by certain travel restrictions for the indefinite future.

There is no need to remain hesitant when you have one of the skilled Clarksville family lawyers on your side and supporting you. So please inquire with us at Fendley and Birch at your earliest possible opportunity.