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Child Relocation Cases in Tennessee
When a custodial parent seeks to move with a child, it certainly depends on where the new residence will be. A move from one side of a city to another, or even to an adjoining county, usually will not require court intervention. However, some moves will require court approval. Learn more about child relocation requirements under Tennessee law.
December 07, 2011 /Law and Legal PR News/ -- In today's increasingly mobile society, it is common for divorced or separated parents to move to a different city after the legal proceedings are over. This is especially common when parents seek new job opportunities or assistance from family members. Establishing separate homes during divorce is difficult enough. When relocation is added to the equation, family court judges can be faced with impossible decisions. This article will highlight basic tenets of Tennessee child custody law and explain the standard relocating parents must meet when seeking to change a child's primary residence.
Child Custody Basics - What Courts Consider
Like many states that incorporate the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act), Tennessee defines custody in two respects: legal custody, which grants parents the right to make important decisions in the child's life (i.e. decisions about school, medical treatment, religion), and physical custody (where the child lives or spends a majority of time). Parents may share custody (joint legal/physical custody), or custody may be vested in one parent (sole physical/legal custody).
Custody decisions are based on what is in the best interests of the children. This means that the children's welfare is foremost. Family court judges are not interested in which parent makes the most money or which parent appears to be more popular or "fun." Rather, the focus is on whether a parent can provide a safe, loving home, as well as stability and proper guidance. With that said, courts look at specific factors that are important to a child's welfare, such as the sense of continuity within the home, which parent has been the primary caregiver, each parent's past and potential for maintaining parenting responsibilities in the future.
A history of sporadic movement and instability could be detrimental to a parent seeking sole physical custody. Also, a history of domestic violence will be closely scrutinized. Parents with violent criminal histories or a number of civil protection orders face an uphill battle in obtaining custody.
Move-away Cases
When a custodial parent seeks to move with a child, it certainly depends on where the new residence will be. A move from one side of a city to another, or even to an adjoining county, usually will not require court intervention. However, a move to another state may require the court's approval.
If the move is within the state, but will be further than 100 miles away, the relocating parent must send the other parent written notification of their plans, which will include the new place of residence, as well as a notice that the non-relocating parent may file a petition with the court opposing such a move. Such a notice should be sent to the other parent within 45 days (at minimum) before the proposed move to allow the other parent enough time to file an objection and to be heard by the court.
Oftentimes parents can agree on changing their parenting time schedule to accommodate the move. If they cannot agree, the court will consider a number of factors related to what is in the best interests of the child, including:
- Each parent's reasons for seeking (or opposing) the move
- The quality of the child's relationship with each parent
- The child's current community and school, and the effect the move will have on the child.
- Whether the move would prevent one parent's access to the child
- The relative distance of the move
Relocation cases are inherently difficult because they involve situations where both parents mean well, and have great relationships with their children. If the move is contested, the relocating parent has the burden of proving that the move is in the child's best interest, and that the relationship between the child and the non-relocating parent will not be compromised. Courts will not allow relocation if it is meant to "punish" the other parent for non-payment of child support, or initiating another romantic relationship. The relocating parent must also show that the move is not intended to prevent other family members from maintaining a relationship with the child.
By working with an experienced family law attorney, a parent seeking a move can understand the all the issues involved, as well as the likelihood of the court allowing (or blocking) the move.
Article provided by Mitchell A. Byrd PLLC
Visit us at www.mitchellbyrd.com
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