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Murfreesboro Family Law Attorney Handles Parental Relocation Matters

Using knowledge of the law to protect your family

After a divorce, parents and children may settle into a new routine. This routine is based on the agreement between parents regarding custody and visitation time and any court orders on the matter. After the court has been involved with the case, it may be hesitant to permit a complete disruption of the plan because one parent wishes to move. Getting a parental relocation approved or denied often depends on having competent legal representation on your side. If you are grappling with a parental relocation issue, the Murfreesboro family law attorney at the Law Office of David L. Scott can help.

Providing notice according to state law

Tennessee’s parental relocation statute requires a parent to notify the other parent if he or she plans to relocate out of state or 50 miles or more away. This prevents one parent from unilaterally deciding and moving the child with him or her without consent of the parent who is not moving. As with all matters related to child custody, the goal is to protect the child’s best interests. This rule applies to both parents, including the non-custodial parent since a move of this nature may impact his or her relationship with the child. Additionally, the law requires the relocating parent to provide this notice in writing at least 60 days before the planned move through registered or certified mail.

Contesting parental relocation in Tennessee

If the non-moving parent does not want to consent to such a move, he or she must object within 30 days of receiving the notice. This requires a petition to be filed in court, usually requesting child custody modification. The parents may be able to renegotiate a new parenting plan based on these new circumstances. If a new agreement cannot be reached, the court hears the case and determines whether to permit the relocation or modify the child custody agreement. The court can consider many factors, including alternative arrangements which continue the parental bond with the child, the costs to transport the child and whether child support should be adjusted.

The parent who is objecting to the move may contest this on a number of legal grounds including:

  • Inadequate notice – This legal argument is based on the parent not complying with the notice requirement.
  • No reasonable purpose – While there may be times when a move is reasonable, such as a job promotion or an educational pursuit, sometimes the court may determine that there is not a reasonable purpose that outweighs the effect that the move would have on the child.
  • Threat of harm to the child – If there is a specific and serious threat of harm to the child, the petition can be denied.
  • Vindictive motive – If the reason for the move is to interfere with the parental bond, this argument may be raised.

A Murfreesboro family law attorney you can trust to see you through

Parental relocation matters can be emotionally-charged and frightening for everyone involved. For reliable, compassionate counsel, contact the Law Office of David L. Scott via email or call 615-896-7656 to schedule a confidential consultation.

 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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