Franklin, TN, Family Relocation Attorney
When parents with minor children get a divorce, an essential component of the divorce will be a parenting plan that describes in detail how custody of the children will be shared by the parents, including when the children will reside with each parent. What happens when one of the parents wants or needs to move out of state or far away from where the other parent is located?
Tennessee law is specific about when and how parents can relocate and the procedures they must follow. If you are seeking to relocate with your kids or your co-parent wants to move, call our Franklin, TN, family relocation lawyers to discuss your rights, review your options, and create a strategy to help you meet your goals and continue to maintain a meaningful relationship with your children.
Why Might You Seek Child Relocation?
A move might be primarily for the benefit of the children, such as better schools or to be closer to extended family, or it might be primarily for the benefit of the parent, such as to take a better job or simply make a fresh start in a new area. Regardless of the reason, any proposed child relocation must serve the child’s best interests. A move-away that is done to be vindictive toward the other parent would not be permitted.
Process for Child Relocations Under Tennessee Law
Tennessee law defines a parental relocation as one that involves the parent moving out of state or at least 50 miles away from the other parent. Before moving, the parent wanting to relocate must notify the other parent and get approval from the court.
Advance Notice
The moving parent must provide at least 60 days’ advance notice in writing to the other parent, although the court can allow a shorter notice period in urgent circumstances, such as when the parent is being transferred for work in less than 60 days. The notice to the other parent must include all of the following information:
- A statement of one parent’s intent to move away
- The location of the new residence
- The reason or reasons for the move
- A notice that the other parent has 30 days to object to the relocation in court
Hopefully, the parents can get together and agree on the move, working out a revised parenting plan or visitation schedule that they both can live with and that would serve the children’s needs as well.
Legal Hearing
If the relocation is opposed by the nonmoving parent, the judge will have to hold a hearing on the matter. At this hearing, the judge will rule on whether the move is in the best interest of the children. Factors to consider include the current residential schedule, the reasons for the move, and opportunities for the children’s education and development in the new setting. The judge may also consider factors like:
- The relationship between the child and both parents
- The child’s preference, if they are over 12 years old
- The ability of the parents to maintain a relationship
The nonmoving parent can ask the court to deny the relocation or petition to become the primary residential parent.
Our Relocation Services
The Franklin, TN, relocation attorneys at Fort, Holloway, & Saylor can represent you in negotiations, mediation or courtroom hearings regarding a parental relocation or other postdivorce modification of child custody or support. We provide practical, realistic advice and strategic representation to protect your rights and help you achieve your goals in the best interest of you and your children. We tailor our representation to the specific needs of every case and work tirelessly to achieve an excellent outcome for our clients.
Our services include reviewing your case and the potential challenges to develop a tailored legal strategy. Then, we can represent you in discussions with the other parent, legal counsel or a third-party mediator. If court intervention is required, we will guide you through every step of the process, from filing petitions to advocating your case in the courtroom. We can also provide postrelocation support, including assistance with adjusting parenting plans.
Why Trust Us for Child Relocation Services?
At Fort, Holloway, & Saylor, family law is one of our primary areas of focus, which often involves child relocations. Some of our lawyers have a deeper focus on parenting plan modifications, custody and child support cases, which makes them a valuable resource for these situations. If your case goes to court, you can trust the litigation knowledge of many of our team members, including Michael Fort and Michael “Stuart” Saylor.
In addition to our family law background, we bring a commitment to protecting what matters most. Our Franklin, TN, child relocation lawyers can help you navigate the emotional aspects of custody cases with compassion and understanding. Past reviews demonstrate how we have supported other families through complex child custody cases, some of which involved relocation.
Franklin, TN, Child Relocation Attorneys: Serving Williamson County
For help regarding a proposed parental relocation originating in Williamson County, call Fort, Holloway, & Saylor to share your concerns with a skilled and knowledgeable Franklin relocation attorney.
FAQs
Here are a few common questions people have about custody and relocation.
How Does Custody Work After a Divorce or Separation?
Typically, one parent will be deemed the primary residential parent, even if custody is shared nearly equally. In the best of cases, the parents work out a parenting plan together through negotiations or mediation, although sometimes custody disputes have to be ironed out in court, with the judge having the final say. In any event, the goal is to fashion a residential schedule that works for both parents and provides each of them with meaningful and substantial time with their children.
How Long Do Child Relocation Cases Take?
The length of the case could vary greatly, especially depending on whether you can settle out of court. From the initial creation and sending of the notice of intent to relocate to the response from the non-relocating parent, the procedures could take several weeks. If negotiations or mediation happens during this time, the process could take longer.
In the event of a trial, the case may take six months to a year or more. Working with our Franklin, TN, relocation lawyers may help streamline the process, even before the trial.
What Evidence Do You Need in a Child Relocation Case?
Here are some types of evidence that you might present during a child relocation case:
- Existing custody order or parenting plans
- School records
- Medical records
- Parent communication records
- Witness testimony of parents, family and friends
- Photographs and videos of the current living environment, relationships and activities
Typically, an attorney can help you identify the most relevant evidence and present it effectively during the trial.
