How Tennessee Courts Determine Child Relocation Requests

If you are dealing with a child custody dispute, one of the most challenging issues can be what to do when a parent decides to relocate. This may occur due to a parent getting a new job, wanting to live closer to family, or getting remarried. Whatever the reason, you need a legal team that understands the legal considerations that must be made in these situations.

At The Law Office of David L. Scott, our Murfreesboro child custody attorney is here to provide prompt legal guidance during difficult times. If you are facing a parent relocation request in a child custody case, do not hesitate to contact our office.

Written Notice

T.C.A. §36-6-108 states that a parent who plans to move out of state or more than 50 miles from the other parent must send written notice to the other parent by registered or certified mail no later than sixty days prior to the move. However, the 60-day notice period may be excused by the court for exigent circumstances.

The notice must state:

• Statement of intent to move
• The location of the proposed new residence
• The reasons for the proposed relocation: These may include a job offer, the need to care for a sick family member, or remarriage.
• Statement that, in the absence of agreement or an objection by the non-relocating parent within 30 days, the move will be permitted by law.

If the Other Parent Objects

If the non-relocating parent files a timely objection, the case goes before a judge. Since the 2018 amendment (applying to cases filed on or after July 1, 2018), Tennessee no longer uses the old “equal parenting time versus majority parenting time” distinction from earlier case law. Instead, every contested relocation case is decided using the best interest of the child standard, regardless of how parenting time is split.

In using the best interest of the child standard, the court examines the following factors, including, but not limited to:

• The nature and length of the child’s relationship with the relocating parent and the non-relocating parent, as well as relationships with other family members involved in the child’s life.
• The impact that relocation will have on the child’s physical, emotional, and educational development, taking into consideration any special needs of the child.
• The ability to preserve the relationship between the child and the non-relocating parent through visitation arrangements.
• The child’s preference (the views of children 12 years of age and older are given more weight than those of younger children).
• Whether the relocating parent has an established pattern of promoting or impeding the relationship between the child and the non-relocating parent.
• Whether the move will promote the quality of life for both the relocating parent and the child.
• The reasons of each parent for seeking or opposing the relocation.
• Any other factor affecting the best interest of the child, including those listed in TN Code §36-6-106 (a).

Certain Factors Will Weigh in Favor of or Against Relocation

If a potential relocation will limit the non-relocating parent’s relationship with the child, this may lead the court to deny a relocation request. Alternatively, if the relocating parent has a workable plan to maintain a relationship between the child and non-relocating parent, the court is more likely to approve the request. Additionally, the court will examine the child’s living conditions and the ability of the child to maintain established routines with the proposed move before rendering a decision. Whether you are the relocating or non-relocating parent, you need to speak with our family law team to best protect your parental rights.

Speak with Our Murfreesboro Child Custody Attorney Today

Having to move for professional or personal obligations may make it necessary to modify an existing custody order. At The Law Office of David L. Scott, we understand the delicate nature of these matters. Our Murfreesboro child custody lawyer will focus on your child’s well-being while also protecting your parental interests. To schedule your free consultation, our office can be reached online or by phone at (615) 896-7656 today.