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Are custodial parents allowed to move with their kids?

On Behalf of | Dec 14, 2022 | Divorce

Relocations are not uncommon occurrences in divorce situations. A parent may need to move away for a number of valid reasons, like proximity to ill or aging family members, or job opportunities.

However, parents with custodial children need to take some additional factors into consideration when making these moves.

Informing the non-custodial parent

Beech Acres discusses what to keep in mind when it comes to relocation after divorce. First, there is the Tennessee Parent Relocation Statute. This outlines requirements that custodial parents must meet in the event that they wish to make a long-distance move with their child in tow.

The custodial parent must write a letter to the non-custodial parent and the court 60 days or more before an intended move. They only need to do so in the event that they are moving over 50 miles away from a non-custodial parent’s house, or if they intend on moving to another state.

The non-custodial parent will have 30 days from that point to make any objections against the move. The court will have to look at several factors if the non-custodial parent objects.

Handling potential objections

Of course, they will consider the best interest of the child above all else. The move will likely end up denied if it could harm or prove a detriment to the child. The relationship between the child and each parent, as well as the involvement of each parent in the child’s life will fall into consideration as well.

From these factors, the court will make a final decision about whether the move is okay or not.