Franklin 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. 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.
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 is wanting to move, call our Franklin family relocation attorneys 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.
Process for Child Relocations Under Tennessee Law
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.
Before moving, the parent wanting to relocate must notify the other parent and get approval from the court. 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. 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 the 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. If the relocation is opposed by the non-moving 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 non-moving parent can ask the court to deny the relocation or petition to become the primary residential parent.
The Franklin family law attorneys at Fort, Holloway, & Rogers can represent you in negotiations, mediation or courtroom hearings regarding a parental relocation or other post-divorce 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.
Franklin Child Relocation Attorneys Serving Williamson County, Tennessee
For help regarding a proposed parental relocation originating in Williamson County, call Fort, Holloway, & Rogers to share your concerns with a skilled and knowledgeable Franklin relocation attorney.