Can the custodial parent move out-of-state with the child?
In Tennessee the primary residential parent can not relocate with the minor child if the alternate residential parent is currently spending time with the child. Of course, if the alternate residential parent consents then the parent can relocate. Otherwise consent from the divorce or child custody court will be required. If the other parent is not spending any time with the child then consent is not required to move with the child.
When both parents are spending significant time with a minor child Tennessee’s child custody law requires the following procedure to relocate with child. This procedure applies regardless of the designation of decision-making authority in the permanent parenting plan, and must be followed if a parent desires to move out of Tennessee or more than 50 miles away within Tennessee The parent wanting to move must notify the other parent by certified or registered mail at least 60 days in advance of the intended move. The notice of intent to move with the child must contain the destination address and a notice that advises the non-custodial parent of the right to file an objection to the relocation in the court within 30 days after receipt of the notice.
Relocate with Child – Court Hearing to Review
In the event that an objection is filed, the Tennessee court will conduct a hearing to determine if the request to relocate with child is reasonable. Tennessee courts weigh several factors when considering a parent’s intent to relocate with a minor child. The request must be for a reasonable purpose and not vindictive or intended to limit the other parent’s contact with the child. The Court has to determine that it is the child’s best interest.
It is always best to consult with and retain a family law attorney in this type of situation. Ultimately, you should always consider the fact that shared parenting in child custody cases is preferred by the Tennessee Courts and Tennessee Law. Although, sometimes a parent needs to relocate with a child for employment or other life changing reasons, it is not the ideal and can make it quite difficult to continue a shared parenting relationship. Again, consult a child custody, divorce attorney if you are wanting to relocate with child.