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Can a custodial parent move away with their children?

On Behalf of | Dec 13, 2021 | Divorce, Firm News

Relocations are often necessary and a variety of factors can contribute. A new job, proximity to aging family members, cost of living and school districts are just some of the many considerations for making a long-distance move.

For custodial parents with minor children who live in Tennessee, additional considerations must be made.

Tennessee Parent Relocation Statute

Also called the move away from laws, the Tennessee Parent Relocation Statute outlines the requirements for custodial parents who are considering moving to a new home. If the new house is more than 50 miles from the noncustodial parent’s home, or outside the state of Tennessee, they must provide a written notice to the other parent and the court at least 60 days before the intended moving date. The noncustodial parent then has 30 days from receipt of the letter to object to the move.

Considering parental relocation requests

If the other parent opposes the move, the court will look at a few factors to make their decision. The main factor a court will consider when reviewing a relocation request is the best interest of the child. If the move would pose a threat or cause harm to the child, it will likely get denied. Other considerations include the involvement of each parent in the life of the child, the relationship between the child and each parent and the reasons for relocation. Older children’s preferences may also be a deciding factor in some cases.

The Tennessee Parent Relocation Statute is in place to protect the rights of both parents, as well as the children.