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Can You Relocate Your Child Without the Other Parent’s Permission?
When two parents go through a divorce, child custody can be one of the most stressful and contentious considerations involved in the process. Even when divorced parents can create a co-parenting plan that works for everyone involved, tensions can arise later. One of those can involve parental relocation if one parent wants to move themselves and the child or children far away from the other parent.
Why Might a Parent Want or Need to Move?
After divorcing, parents may only be tied together by their shared children. Their career, social lives, and other obligations may begin to grow apart, and it’s not impossible for one parent to need to make a fairly large move. They may need to move for a job or because they are remarrying, for instance.
What Are the Parental Relocation Laws in Tennessee Related to Child Custody?
Tennessee’s legal code specifically addresses this topic with parental relocation laws. If a custody order or co-parenting plan has been established through the family law courts, you can’t simply relocate as you please with a minor child without the cooperation of the non-relocating parent and/or the approval of the court.
These laws don’t apply to moves to nearby neighborhoods or even to new school zones. Tennessee law notes that for these particular parental relocation laws to apply, the move must be out of the state of Tennessee or to a location more than 50 miles from where the other parent lives.
Requirements for Giving Notice
If you share custody of a minor child and that child lives with you or spends some time at your house, you must provide the other parent with ample notice of a planned move outside of the state or more than 50 miles away. Under Tennessee law, notice should be provided in writing via certified or registered mail no later than 60 days before the move occurs. The court sometimes makes exceptions to this timeline to allow later notice, depending on the circumstances of the case.
The notice you send must also contain specific information, including a clear statement that you intend to move and when. It should also include where you’re moving to and why you are relocating. This notice must inform the other parent that they have 30 days from the date you sent the notice to object.
Petitioning the Court
If the other parent files an objection or you can’t agree with them regarding a new schedule for visitation given the pending relocation, you typically must file a petition with the court within 30 days before the move to seek court approval for the move.
What Does the Court Consider When Making a Decision on a Petition for Relocation?
First, the court will consider whether the other parent filed a petition opposing relocation. The other parent has a certain amount of time after you file a petition for relocation to formally oppose it if they haven’t done so already. If there is no objection from the other parent, the court is likely to approve the relocation unless there are mitigating circumstances.
If there is an opposing petition, the court must decide what is in the best interest of the child or children involved. Some factors that the court considers in making this decision include:
- The type and depth of the relationship between the child and both parents
- Whether there are other familial relationships to consider, such as siblings
- The needs of the child and how the relocation may impact how they are met
- Whether current relationships can realistically be maintained given the logistical and financial resources required to support visitation after relocation
- How the potential relocation might impact the quality of life of the parent making the move as well as the child or children involved
- Whether the child has any preferences in the matter if they are at least 12 years old
What Type of Decisions Might the Court Make?
If the court is asked to decide whether relocation is in the best interests of the child, it typically makes one of two decisions. The first is deciding that the relocation is in the best interests of the child. In this case, the court will modify the custody and parenting plan to meet realistic needs created by the new distance between the parents. The parents may be able to provide feedback on the plan or work together to develop some type of plan that the court can approve.
The court might also decide that the relocation is not in the best interest of the child. In this case, it may create an order for a new parenting plan that would go into effect if the parent decides to move anyway. This could mean that the parent is not able to take the child with them and may give up some custody or visitation with the child as a result.
The Importance of a Family Law Attorney
As you probably noticed, the rules regarding parental location and how they impact custody and visitation are complex. If you are involved in a dispute regarding parental location and child custody—or you believe you may need to move and want to ensure your parental rights are protected—consider speaking with a family law attorney about your case. You can reach out to the Law Offices of Hibbeler & Associates to talk to our team about how we can help by calling 931-236-2711.
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