How Does Relocation or Moving Affect Custody Arrangements?

Whether it be due to a new job, tending to an elderly parent, or simply being closer to extended family, there are many reasons that we move in life. Regarding Tennessee custody arrangements, you can move without the court’s approval if you relocate less than 50 miles away. However, if you plan on relocating your child further than 50 miles from the child’s other parent or out-of-state, you could be found in contempt if you fail to give proper notice.

At Burch & Stewart, we educate our clients about parents’ rights in Tennessee child custody cases. We can provide an overview of the impact of moving on custody arrangements.

Tennessee Parent Relocation Statute

Under Tenn. Code §36-6-108, if you plan to move out-of-state or more than 50 miles from the child’s other parent, you must provide written notice no later than 60 days before your move. The notice must include your statement of intent to move, the address of your new residence, the reasons for the move, and a statement that absent agreement between the parents or an objection from the parent that is not moving within 30 days, the relocating parent is free to move.

What if the Other Parent Opposes the Move?

If the child’s other parent does file an opposing parent, the court will consider whether moving is in the child’s best interest. Several factors will be examined, including the child’s needs, the child’s relationship with the relocating parent, and whether this is evidence of the relocating parent trying to hurt the relationship between the child and the nonrelocating parent.

The court will schedule a relocation hearing once a parent files a Petition in Opposition to Move. During this hearing, the court will evaluate how much time each parent spends with the child, what activities each parent does with the child, and what adjustments need to be made in parenting time. If each parent spends equal time with the child, the court will rely on witness testimony and other evidence to decide if the move is in the child’s best interest.

Modifying a Permanent Parenting Plan

If the court finds that the move is in the child’s best interest, the court may modify the original parenting plan to consider the new distance between the parents. The modified parenting plan will stipulate how to further the relationship between the child and the relocating parent. Transportation costs to visit the relocating parent will be considered when determining child support.

Compassionate Counsel from Our Custody and Visitation Lawyers 

The legal team at Burch & Stewart Attorneys understands the anxiety that accompanies a custody battle. If you or your former spouse plan on relocating, you must understand how moving can impact your ability to see your child. To learn more about protecting your parenting rights, contact us online or call (931) 954-1066 to schedule your initial consultation.