3 FAQs about child custody and relocating

On Behalf of | Feb 9, 2023 | Family Law | 0 comments

After settling the divorce and making custody arrangements, your forge ahead on your new life.

If your future means relocating, it may become a complex situation.

1. What do the courts consider relocation?

According to Tennessee child custody law, you can move within 50 miles or less from the other parent without having to file anything with the courts. Anything over 50 miles or another state will require approval from the court in regard to maintaining custody rights.

2. What written notices must I provide?

The courts have specific guidelines when it comes to written notices. You must send a written notice via registered or certified mail within 60 days to the co-parent. It must include that you intend to move, where you will move and the reasons behind the move. Additionally, the notice needs to have a statement acknowledging that the other parent has the right to file an objection petition within 30 days. If you do not include the necessary information, the court may deny your relocation.

3. Will I have to attend a relocation hearing?

If you and the co-parent agree on the relocation and a new visitation schedule, you may get permission from the courts to make the move without having to attend a hearing. Any objection will result in a required relocation hearing. During the proceedings, will consider many factors to determine the best interest of the child. Along with time spent with your child, the quality of your relationship, stability of home life and quality of care will play a key role in the court’s judgment.

While the courts understand that life changes after divorce, the well-being of a child always takes precedence.