Protect Your Rights

Clinton, Tennessee Legal Blog

Many families in the greater Knoxville area may have to make the often difficult decision to move either to another state or to another part of Tennessee.

In many cases, families move because of an important job opportunity or because they want to be closer to extended relatives.

Like many other states, Tennessee has a law in place which places requirements on parents who want to move and whose children are subject to a child custody order because of a divorce or paternity action.

A parent who wants to move must give notice to the other parent

Except if the court grants an exception, a parent who wants to move has to send a notice at least 60 days to the other parent.

This rule does not apply if a person is moving within Tennessee and 50 or fewer miles away from his or her home. However, a person contemplating a short-distance move within the state should still review his or her court order and may wish to speak with a family law attorney. Other exceptions to this law may apply.

What might happen if a parent objects to the move

If the parents agree on the move and are able to set up a new visitation schedule, then the process is relatively simple. A court may hold a hearing to set up a new visitation plan if the parents agree to the move but need help figuring out how to adjust visitation.

On the other hand, if one parent objects to the move, then the court will have to decide whether to allow the move.

If both parents are having basically the same contact with the child, even if it is not a perfect 50-50 split, then the court will decide whether the move is in the best interests of the child.

In cases where a parent who does not care of the child most of the time objects to the move, then the court will normally allow the move. However, there are some situations in which a court will not allow the move.