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Family Law
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Personal Injury

What must you do before relocating with your child?

Parents can’t pick up and relocate with their children when they get a whim if they’re separated or divorced from their child’s other parent. Instead, they must go through the legal process to petition a Tennessee judge to relocate whenever they wish to move over 100 miles from where they currently live.

Custodial moms and dads must notify their child’s other parent of their intent to relocate at least 60 days before initiating any move. There are a few specific details that you must include with such a notification. It must consist of the reason for the relocation and your new residential address. Any notification of a move must also include a statement letting the non-custodial parent know of their right to object to the move, provided that they do so within 30 days of the original notice’s date.

A Shelby family law judge will generally weigh several different factors in deciding whether you, as the primary residential parent, can relocate with your child to a new area.

The court will likely seek to find out the stability of their living environment with you. They’ll want to know more about their connection with their school and involvement in the community. The judge may ask your child about their preferences if they’re 12 or older and seem mature enough to make their own decisions. The court will also want to know whether you plan to abide by any new visitation or custody schedule.

A Tennessee judge’s responsibility is to do what’s in the best interest of your child. The court may have to make hard decisions that they believe will benefit your son or daughter in the long run. A visitation attorney can help you build a case for why you should be allowed to relocate your child. You may also have to craft a visitation or custody schedule to convince a judge to grant you the ability to move forward with your relocation plans.


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Practicing in Bartlett Since 1977

Attorney Jeffrey H. Jones is held in high regard among peers, clients and judges throughout the Memphis area.

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