Parental Re-location 101
If you are a parent of a minor child and need to move because of a new job or family obligation or some other reason, it's important that you follow the steps located in the Tennessee Parent Relocation Statute.
Tennessee Code Annotated §36-6-108 provides the requirements when a parent who is spending intervals of time with the child wants to move out of the state of Tennessee or more than fifty (50) miles from the other parent’s home:
Send written notice to the other parent’s last known address by certified mail of the intent to move at least sixty (60) days prior to the move
The other parent has thirty (30) days after the receipt of the notice to file a Petition in Opposition to Move with the court
If no objection is filed with the court within thirty (30) days, the parent may move with the minor child
If the parent does file an objection with the court, the judge will apply an analysis based on whether the relocating parent spends substantial amount of time with the child
The purpose of the statute is to keep one parent from simply “packing up” and moving away with the child and to keep the child’s best interest as the most important priority when determining whether the relocation is appropriate.
Following this process is critical as failure to do so can result in the relocating parent being in violation of the court order and in contempt of court.