Relocation is a frequent challenge in child custody cases as parents may need or wish to move for work, family, or other reasons. Child custody in Tennessee relies on state laws that set clear guidelines for how a parent’s move can impact custody arrangements, prioritizing the child’s best interests and both parents’ rights.
In Tennessee, relocation over 50 miles or out of state requires advance notice and may prompt custody modifications, with courts considering the child’s well-being and parental relationships. Johnson, Murrell & Associates can expertly guide you through these complex custody and relocation matters to protect your rights and your child’s future.
The Role of Child Custody in Tennessee
Child custody in Tennessee is divided into two main categories. The first is legal custody, which grants a parent the authority to make major decisions about the child’s upbringing. This includes education, religion, and healthcare. Physical custody determines where the child primarily resides and which parent is responsible for daily care.
Custody decisions in Tennessee are always guided by the “best interests of the child” standard. This means that the courts evaluate factors like:
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- Any history of abuse or neglect
Parenting plans play a crucial role, as they outline each parent’s responsibilities, residential schedules, and decision-making authority. This ensures stability and promotes the child’s well-being after separation or divorce.
Tennessee Relocation Laws: The Basics
Child custody in Tennessee defines a “relocation” as any move by a parent with the child that exceeds 50 miles from the other parent’s residence or crosses state lines. This is often referred to as the 50-mile rule.
In Tennessee, a parent who wishes to relocate with a child must comply with strict legal requirements if the move is more than 50 miles from the other parent or out of state. The relocating parent must provide written notice to both the court and the non-relocating parent at least 60 days before the intended move, using certified or registered mail.
These requirements are designed to protect both parents’ rights and prioritize the child’s well-being. The notice must include:
- The proposed new address
- The reason for moving
- A statement informing the other parent of their right to object within 30 days
If the non-relocating parent objects, they must file a petition in opposition. This will prompt a court hearing to determine if the move serves the child’s best interests.
How Relocation Affects Existing Custody Arrangements
Proposing to relocate with a child more than 50 miles from the other parent or out of state can trigger a modification of custody or visitation arrangements. The relocating parent must provide written notice at least 60 days before the intended move, detailing the new address and their reason for moving, and informing the other parent of their right to object within 30 days.
If the non-relocating parent objects, they must file a petition in court, which then schedules a hearing to evaluate whether the move is in the child’s best interests. During this process, the court considers factors such as the reasons for and against the move, the child’s relationship with each parent, and any impact on the child’s well-being.
Possible outcomes include:
- Approval of the relocation with modified visitation
- Denial of the move
- Significant changes to custody
These factors can potentially award primary custody to the non-relocating parent if the move is not deemed in the child’s best interests.
Factors Courts Consider in Relocation Cases
Several key factors are evaluated when deciding best interests and child custody in Tennessee. These include the nature and quality of the child’s relationship with both the relocating and non-relocating parent, as well as siblings and other significant people in the child’s life.
The court also considers the child’s age, developmental needs, and how the move might affect their physical, educational, and emotional well-being. The realistic ability to maintain a meaningful relationship with the non-moving parent through visitation, given logistical and financial constraints, is also assessed.
The child’s preference may be considered, especially if the child is 12 or older. Courts also examine whether the relocating parent has fostered or hindered the child’s relationship with the other parent, and whether the move will enhance the quality of life for the parent and child.
Choose Johnson, Murrell & Associates To Settle Your Custody Disputes
Whether you are seeking to relocate with your child or want to protect your rights if the other parent plans to move, our team will clearly explain your legal options and guide you through every step of the process.
By partnering with us, you’ll benefit from personalized attention and strategic advice tailored to your unique situation. This ensures that your interests and your child’s well-being are prioritized. With a reputation for thoroughness and clear communication, Johnson Murrell & Associates can guide you through the most complex custody and relocation cases.
In Tennessee, child custody decisions prioritize the child’s best interests. Moves over 50 miles or out of state require advance notice and can lead to changes in custody arrangements. Johnson, Murrell & Associates can help you navigate these complex legal issues, ensuring your rights and your child’s well-being are protected.
Choosing Johnson, Murrell & Associates means choosing a team that knows how difficult the legal process can be. We take care of the heavy lifting, giving you peace of mind. For more information on how we can help with your case, call us at 865-453-1091 or contact us online.