Divorced couples who are co-parenting their children typically try to remain within the same geographic area so that their kids can move easily between homes and their life can continue to revolve around their school, friends and local activities. Courts generally prefer that as well.
Sometimes, however, one parent may need to move some distance away to take advantage of a job opportunity, help care for an aging family member or because they need more family support.
When does the other parent have to be notified?
When a parent wants to relocate outside of the area and take their child, that can throw a wrench into the child custody agreement they established when they divorced. Under Tennessee law, a parent with shared custody who wants to move with their child “outside the state or more than fifty (50) miles from the other parent within the state” must notify their co-parent at least 60 days before they intend to move.
If the other parent objects to the planned move, they must file a “petition in opposition” to their co-parent’s petition to relocate. Then “the court shall determine whether relocation is in the best interest of the minor child.”
What will the court consider?
The burden is typically on the parent who wants to relocate to show that the move is in the child’s best interests and not just what’s preferable for them. In addition to the reason(s) for the proposed relocation, the judge will typically want to know things like:
- How much the child’s relationship with the other parent will change
- Whether the relocation will bring the child closer to other family members (like grandparents, cousins, aunts and uncles)
- If the child will have better educational and other opportunities after relocation
The court can also consider things like:
- “The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development….”
- “The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements….”
- “Whether there is an established pattern of conduct of the relocating parent, either to promote or thwart the relationship of the child and the nonrelocating parent….”
A relocation that changes the custody agreement for a minor child and lessens their time with one of their parents is a significant one. When parents disagree about whether it’s best for their child, it’s crucial for both sides to present a strong case. Having experienced legal guidance can help.