After a divorce, it is common to seek a fresh start in a brand-new place. Relocation cases can be extremely complicated. Several factors are evaluated when determining if relocation is in the best interest of a child. If you want to relocate a child after your divorce is finalized, or you object to a child being relocated, speak with one of our skilled and knowledgeable Memphis, Tennessee Relocation Lawyers. We are here to help you ensure your child’s overall well-being is the primary consideration when determining relocation.
How do I start the relocation process after a divorce in Tennessee?
Under Tennessee law, a custodial parent can relocate without court approval if it is less than 50 miles from the non-custodial parent’s residence. If a parent wants to relocate out-of-state or further than 50 miles, the law requires the custodial parent to provide written notice to the court and the non-custodial parent. When the custodial parent issues a notice, they must send it by certified registered mail within 60 days before the date of the proposed relocation. However, in the case of domestic violence, custodial parents do not need to provide any personal information in their written notice.
In the written notice, the custodial parent must provide a statement of intent to move. They must disclose the location of the proposed new residence and the reasons for the proposed move. Additionally, they must state that the non-custodial parent may file a petition to object to the proposed relocation within 30 days of receiving notice. To avoid a denial from the court, you must file the written notice properly because if it does not comply with the requirements, it may be rejected. If the non-custodial parent does not oppose the relocation, the custodial parent may relocate after 30 days. If there is no objection to the relocation, you may receive permission from the court without a relocation hearing. If you are a non-custodial parent, it is crucial that you file any objections within those 30 days or you will not be able to stop your child’s other parent from relocating. If in fact, the non-custodial parent does file a petition in opposition to the relocation, the court will determine whether relocation is in the best interest of the child.
What is determined at a relocation hearing in Tennessee?
Ultimately, the court will consider numerous components when determining if relocation is the best option for a child’s overall well-being. The court will determine if the parent seeking or opposing the proposed relocation has good faith reasoning. They will determine if the relocation will negatively impact the child’s relationship with the non-custodial parent. A judge will decide if the relocation will negatively impact the child’s physical and emotional health. The most significant element the court looks at is how the relocation will affect the child’s life.
In determining whether or not a custodial parent can relocate with their child after a divorce, several factors and considerations will be weighed by the court. If you are seeking or opposing your child’s relocation, don’t hesitate to reach out to an experienced lawyer who can ensure your child’s overall well-being is protected.
