What You Need to Know About Child Relocation Laws

Relocating with a child after a divorce is complex, especially when custody agreements are involved. Tennessee law requires that relocation not only serves the child’s best interests but also respects both parents' rights. Here's an overview to guide you through the process.

Why Child Relocation Laws Matter
When one parent relocates, it can impact the child’s relationship with the other parent, their education, and their emotional well-being. Tennessee has specific guidelines to ensure that both parents have a say, and most importantly, that the child’s best interests are protected.

Legal Steps for Relocation
Written Notice: If you’re the primary parent and want to move more than 50 miles away or out of state, you must provide the other parent with written notice at least 60 days before the move. The notice should include:

• The intended new address.

• The reasons for relocation.

• A statement informing the other parent that they have 30 days to object.

Objection Process: If the non-relocating parent objects within 30 days, the matter goes to court. If no objection is filed, the relocation is typically allowed pending court approval.
What the Court Considers
The court will assess several factors before deciding on relocation:

• Reason for the Move: Is it for a legitimate purpose like a job, family support, or better schooling? Moves meant to restrict the other parent's access are often rejected.

• Child’s Relationship with Both Parents: The court evaluates the impact on the child’s bond with each parent. If the move significantly reduces the time spent with the non-relocating parent, the court may reject it.

• Emotional and Educational Impact: How will the move affect the child’s education, friendships, and emotional development? Moving to a location with better schooling or closer family may be seen as positive.

• Feasibility of a New Parenting Plan: If relocation is approved, courts often modify the existing parenting plan, potentially changing visitation schedules to ensure both parents maintain a meaningful relationship with the child.

Consequences of Not Following the Process
Failure to follow legal steps—such as moving without proper notice or court approval—can lead to severe consequences, including being ordered to return the child or facing custody challenges. Adhering to the legal process helps prevent disputes and protects your rights as well as your child’s welfare.

If You Oppose the Relocation
As the non-relocating parent, if you oppose the move, it’s crucial to file an objection within the 30-day window. To make a compelling case, provide evidence showing how the move would disrupt the child’s stability, education, or relationship with you. Keep in mind that the court will balance both parents' arguments, with the child’s best interest always as the priority.

Navigating Relocation Smoothly
Relocation can be emotionally charged, but by following the legal process and focusing on the child’s best interest, you can avoid unnecessary conflict. Whether you're planning to relocate or need to oppose a move, understanding your legal rights and obligations is key to making the transition as smooth as possible.
As a family law attorney based in Nashville, I’m here to help guide you through the legal steps required for relocating with your child or opposing a relocation. Contact me today to discuss your case and ensure the best outcome for you and your family.

Contact:
Michele McGill
Family Law & Civil Litigation
615-389-6453