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Relocation after a divorce in Tennessee

On Behalf of | Jan 13, 2023 | Family Law

Relocating after a divorce in Tennessee can be a difficult decision, as it can have a significant impact on both the custodial parent and the non-custodial parent’s relationship with the child. The state of Tennessee has specific laws in place that govern the relocation of a parent with primary custody of a child.

Tennessee laws on relocation

Under Tennessee law, a parent with primary custody wishing to relocate with a child must provide notice to the non-custodial parent at least 60 days prior to the proposed move. The notice must include the date of the proposed move, the new address and the contact information for the parent and the child.

The non-custodial parent has the right to object to the relocation in writing within 30 days of receiving the notice. If the non-custodial parent objects to the relocation, the court will hold a hearing to determine whether the relocation is in the best interests of the child.

What a court will consider

The court will consider several factors when determining whether the relocation is the best child custody option. These include reasons for the move and its potential impact on the child’s education, health, and overall well-being relationship with the non-custodial parent.

If the court determines that the relocation is not in the best interests of the child, it can deny the request, or it may place restrictions on the move such as specifying a certain distance for the move or a specific visitation schedule for the non-custodial parent.

If the court determines that the relocation is in the best interests of the child, it will modify the parenting plan to reflect the new living arrangements. The non-custodial parent may also request a modification of child support and the court may adjust the child support order as well.

It is important to note that these laws and processes apply only to the custodial parent. If the non-custodial parent wants to move, they still have a responsibility to maintain the current parenting plan and the child support order.

Putting the child first

Relocating after a divorce in Tennessee can be a difficult and emotional process, but it is important to remember that the court’s ultimate goal is to make a decision that is in the best interests of the child. Navigating the process should help both parents contribute to how they can best bring up the child in a productive and fulfilling way.

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