Tennessee’s Laws on Relocation and Child Custody
In Tennessee, the laws regarding relocation and child custody are designed to consider the best interests of the child while addressing the rights of parents. When a custodial parent wishes to relocate, several factors come into play that can affect custody arrangements.
Under Tennessee law, a custodial parent must provide written notice to the non-custodial parent if they intend to relocate with the child. This notice must be given at least 60 days in advance and should state the proposed new address, the reason for the relocation, and any changes to the parenting plan that might be necessary due to the move.
If the non-custodial parent disagrees with the relocation, they can file a petition with the court to prevent the move. The court will then hold a hearing to determine whether the relocation is in the best interest of the child. Several factors influence this decision, including:
- The reasons for the relocation
- The potential impact on the child's emotional and educational well-being
- The effect on the relationship between the child and the non-custodial parent
- The distance of the move
It is important to note that, in Tennessee, courts prioritize maintaining a strong relationship between the child and both parents. Therefore, the relocation must offer clear benefits over the current custody arrangement for it to be approved.
If relocation is permitted, the court may modify the existing parenting plan to accommodate the new circumstances. This can include changes to visitation schedules, traveling arrangements, and communication protocols to ensure that the non-custodial parent remains actively involved in the child’s life.
Parents should also be aware of the implications of not following the required notification process. Failure to properly notify the non-custodial parent could result in legal consequences, including a potential modification of custody. It’s crucial for parents to adhere to these laws to avoid complications and to protect their relationship with their children.
Finally, before making relocation decisions, it’s advisable for parents to consult with a family law attorney who specializes in Tennessee custody laws. An attorney can provide guidance on the appropriate steps to take, help navigate the legal processes, and ensure that the best interests of the child are always prioritized.