When it comes to children in a divorce case, many times the biggest concern is what happens if one parent decides to leave the area, making visitation nearly impossible. Child relocation is a large part of custody battles and visitation disagreements. If you have questions about child relocation in Tennessee, your custody agreement, and your ex’s plans to relocate your children, do not hesitate to contact the family law attorneys of Martin Heller Potempa & Sheppard, PLLC.
What is Child Relocation?
Be it remarriage, a new job, or simply a restart, when divorced parents decide to relocate with their children, it can often cause problems for the non-custodial parent. In Tennessee, if a custodial parent wishes to relocate with the child, the noncustodial parent must agree to the terms.
However, if the move is less than 50 miles from the other parent, court approval is not needed. If the move is greater than 50 miles, or out-of-state, the law requires the custodial parent to provide written notice to the court and the nonmoving parent.
The notice must be sent within 60 days before the move, and it must include:
A statement of intent to move
The location of the proposed new residence
The reasons for the proposed move
A statement that the other parent may file a petition to object to the move within 30 days of receipt of the notice
Failure to meet these requirements may cause the court to deny relocation. If, however, the court does approve, and the noncustodial does not object, the parent can relocate with the children.
The court will review numerous factors prior to approving a relocation petition. These factors include:
Provisions for parenting time and visitation
The parent’s availability due to work and other obligations
Resources relating to the care and supervision of the child
The quality of the parent-child relationship
The physical and mental health of the parent and child
The child’s preference in staying with either parent
The child’s care in regards to abuse, health, etc.
Relocating with a child can be complicated for a variety of reasons. Ultimately, courts want to know that the child’s interests are still at the forefront of the parent’s minds. If the court finds problems in the move, the relocation will not go through and the moving parent will have to make other arrangements.
Why You Need an Attorney Before a Big Move
You may think the most stressful part of your big move is the physical relocation, however, getting your ex’s consent to the move can prove more problematic than you think. Before you make any drastic decisions, you need to consult with a family law attorney who can guide you through the process.
Nashville Child Custody Lawyers Can Help: Relocation
Moving can be complicated enough. But when a child is involved and divorce has already occurred, it can be a nightmare. If you plan to relocate with your child, you need a family law attorney who can guide you through the relocation process.
Our Nashville child custody lawyers understand how difficult this situation can be. If you need guidance on child relocation in Tennessee, contact the child custody attorneys at Martin Heller Potempa & Sheppard, PLLC today for more information.