Clarksville Parental Relocation Attorney

Representing Parents in Cases Involving Child Relocation

There are many reasons why an adult may want to move out of state or more than 50 miles from their current location. However, such a move becomes more challenging if an adult shares custody of their child with the child’s other parent. Tennessee changed its parental relocation laws in July 2018, and there are certain requirements for relocation and circumstances under which the courts must get involved. If you wish to relocate with your child or want to stop the relocation of your child, you should discuss the matter with an experienced family law attorney as soon as possible.

What Steps Should a Relocating Parent Take?

If a parent decides they need to move for a new job, educational program, to be closer to family, or any other reason, they must notify the other parent at least 60 days prior to the move. This notice must be sent by registered or certified mail to the last known address of the other parent, and it must include the following information:

• The parent’s intention to relocate more than 50 miles away or out of state

• Where the proposed new residence is located

• The reasons for the desired relocation

• A statement that “absent agreement between the parents or an objection by the non-relocating parent” within 30 days from the notice, the law will permit the parent to relocate.

If the non-relocating parent objects to the move or the parents cannot agree on a new custody schedule, the parent who wants to relocate must file a petition with the family court. The opposing parent must then file a response to the petition within 30 days.

How Does the Court Make Relocation Determinations?

When parents file the necessary petition and response, the court will then have to decide whether to allow the relocation. The decision is based on what the court determines is in the best interest of the child. There are many factors that the court should weigh and consider, including:

• The child’s relationship with each parent and any other close family members

• How the move would impact the development of the child, including regarding any special needs

• Whether it is financially and logistically feasible to preserve the child’s relationship with the non-relocating parent through visitation

• The preference of a child who is 12 years old or older (or younger in specific situations)

• Whether the relocating parent has a pattern of encouraging or discouraging a relationship with the non-relocating parent

• The specific reasons for the relocation and for the opposition to the relocation

• Any other factor relevant to the best interest of the child

How Can a Clarksville Parental Relocation Lawyer Help?

Whether you want to relocate with your child or oppose a relocation, the matter can become complicated very quickly. You should always have the proper legal advice and representation by a skilled Tennessee child custody lawyer. Please do not hesitate to contact McFarland Law by calling (931) 919-4376 or contacting us online to set up an appointment.