Franklin Relocation Attorney
Moving to a new place can be stressful, especially for parents with custodial orders in place. There may be concerns about how the move will affect the child and whether or not the move will even be legally allowed by the court. A Franklin relocation attorney can help determine what your options are
Indeed, when a divorced parent wishes to relocate with a child, this can create problems for the other parent. Not only will they likely experience decreased parenting time but visitation will also cost more.
This is why there are specific laws and guidelines for parents seeking relocation in Tennessee and other states. If a custodial parent wishes to relocate with a child, they must give notice to the other parent. They cannot simply up and move. The other parent has an opportunity to disagree with the proposed move. They can deny the request and even ask for a change in child custody.
Relocation in Tennessee
A custodial parent can legally move without court approval if the new location is within 50 miles of the other parent’s residence. If a parent wants to go beyond 50 miles or outside of the state, the parent must provide written notice to the court and the other parent.
The notice must be sent by certified or registered mail to the other parent within 60 days of the proposed move. It must also include the following:
- The location of the new residence.
- The reason for the proposed move.
- A statement that the other parent may object to the move by filing a petition within 30 days of receipt.
If the notice is sent properly, and the other parent doesn’t file an objection, the parent is allowed to relocate after 30 days. This relocation can be granted by the court without a hearing, so it’s important for a non-custodial parent to file an objection within 30 days. The relocating parent is required to file a petition asking the court to change the visitation schedule. The only exception is if both parents agree on a new schedule.
What Will the Court Consider?
First of all, the court will determine if both parents spend equal time with the child. If it is believed that the parents spend equal time with the child, they will look at other factors, such as:
- Quality of the parent-child relationship
- Quality of care by the primary caregiver
- Stability in the family unit
- Physical and mental health of the parents
- Child’s home, school, and community record
- Character of those who live in the household
- Any evidence of neglect or abuse
- Child’s preference (if over the age of 12)
Contact Us Today
Relocation is sometimes necessary for a parent. They may wish to move closer to family or for job-related reasons.
Make sure you follow the laws when deciding to relocate. The law firm of Beal | Crutcher can help you with the process. We understand the laws and processes involved. Give us a call at (615) 861-2304 to schedule a consultation.
