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Fort, Holloway & Rogers Your FUTURE, Your Way
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Columbia Family Relocation Attorney

While your final divorce decree includes specifics about the care, comfort, and support for minor children, the order is not truly final in the sense that some provisions are subject to modification. Circumstances for either co-parent can change and, when one seeks to move, there will be implications for various aspects of the parenting plan. Parents cannot make changes to child custody, visitation, or support without court approval, so it is necessary to go through the process of parental relocation under Tennessee law.

At Fort, Holloway, & Rogers, LLC, our team regularly handles relocation matters for parents on both sides of the issue. We can explain the requirements and how the process works, and you can trust our lawyers to take care of filings and court hearings. Please contact our firm to set up a consultation with a Columbia family relocation attorney who can provide specifics based upon your situation. You can also read on for some important information about the laws.

Statutory Process for Relocation

Initially, you should note court approval is not necessary when a parent is moving less than 50 miles away from the other. If the new residence is further away or out-of-state, Tennessee laws require the relocating parent to go through the following steps:

  1. Prepare a written notice to the other co-parent that includes a statement of intent to move, the new location, and reasons behind relocating. The document must also inform the recipient of the right to object within 30 days.
  2. Send the written notice at least 60 days before the proposed move, via certified or registered mail.
  3. If 30 days pass and there is no objection, the relocating parent can get court approval without a hearing.
  4. When the non-moving parent contests relocation, the court will hold a hearing on the matter. The focus will be on the best interests of the child, including the current residential arrangement, how well the child will adjust in a new environment, and many other factors.

The judge may grant or deny the relocation request, but the court could also consider a petition by a non-moving parent seeking primary child custody.

Legal Help and Advice with Parental Relocation

Our Columbia family relocation lawyers at Fort, Holloway, & Rogers, LLC are prepared to tackle the legal requirements and process for relocation. We will advise you on different strategies, which may include:

  • Working out relocation by agreement of the parties, followed by entering the proper order in court;
  • Representing you at mediation to resolve disputes over relocation; and
  • Fighting for you at a contested hearing, in which you present evidence on how relocating would or would not serve the child’s best interests.

Our Columbia Family Relocation Lawyers Will Guide You Through the Process

If you are looking to move or have concerns about a co-parent’s plans to relocate, please contact Fort, Holloway, & Rogers, LLC to speak to a member of our team. You can call 931-901-2300 or visit our website to schedule a consultation with a Columbia family relocation attorney. Once we assess your circumstances, we can advise you on next steps.

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