Typically, divorced couples who are co-parenting children try to remain geographically close to one another. Sometimes, however, a parent may need to move some distance away for job or career-related reasons. Family obligations, such as an elderly parent who needs help, may also require a move. There can be other reasons that a relocation may be desirable, as well.
Certainly, custodial parents have a right to relocate. However, if they want to take their children with them, the other parent has the right to object. When that happens, the court has the final word. When that happens, it’s important to make a case to the court for why the relocation is best for the child, even if it means they’ll see their other parent less.
A judge will typically ask questions like:
- Why is the parent planning to move?
- How much would the relocation change the child’s relationship with the other parent?
- Would the move put the child closer to or farther from extended family?
- Are there concerns for the child’s safety or well-being in their current location?
- Would the child have more educational or other opportunities in the new location?
Tennessee law provides specifics that parents on both sides of a planned relocation should know about.
What does Tennessee law say?
State law requires “a parent who is spending intervals of time with a child [who] desires to relocate outside the state or more than fifty (50) miles from the other parent within the state” to officially notify the other parent of their proposed move at least 60 days prior to the planned move. If the other parent objects, they need to file a “petition of opposition.” When that occurs, “the court shall determine whether relocation is in the best interest of the minor child.”
In addition to the kind of considerations noted above, the court may consider, among other things,
- “The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development….”
- “The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements….”
- “Whether there is an established pattern of conduct of the relocating parent, either to promote or thwart the relationship of the child and the nonrelocating parent….”
- The child’s wishes (typically only if they’re 12 or older)
Whichever side of a relocation request a parent is on, it’s crucial to have experienced legal guidance. This can help parents protect their rights and fight for their child’s best interests.