What is Relocation?
Only when there is split custody between parents can relocation happen. It is “if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state,” the relocating parent is required to notify the other a minimum of 60 days before the planned move, per Tennessee Annotated Code § 36-6-108. Not only that, but the official notice must also contain the determined location of the new residence, why you’re moving, and a blank form for the other parent to sign if they consent to the move and possible modifications of your pre established parenting plan. If the other parent consents, the two of you can move forward together and modify the parenting plan to adjust to the move. If not, you can take it to family court, and petition the court to approve your move without the consent of the other parent.
What determines the Court’s decision?
If you do have to go to court for approval, they are going to look at multiple factors, and respond according to what is best for the child. The age and developmental of the child, the impact the move would have on education, if the move would benefit the life of the child, whether financially, emotionally, or educationally. Other things, like if the child is considered old enough, at least 12, the court might ask them what they want to do. What’s the relationship like with both parents? Why are you moving? According to factors like these, the court will choose to approve your move or not.
What Happens After The Court’s Decision?
If the court approved your petition, you may go ahead with your plans of moving. There will be debate and possibly mediation between you and the co-parent about modifying the parenting plan to fit the new distance and schedule, but no legal trouble past that. However if the court denies your petition, you can continue petitioning or drop the case. The court’s decision is not legally binding, so if you choose to, you may relocate even if they decide against it, but you will get the short stick of the new, court modified parenting plan. The children will stay in the previous county or town, and if you had primary guardianship, you will lose it to the other parent. If there were to be future legal proceedings, relocation after a failed petition would not make your case look good. If you choose to continue petitioning, you must find undeniable proof of the benefit the move would have to the child, or prove that your previous reason was valid. In the case of Mann v Mann (2009), the court had denied a mother’s petition to move to Knoxville, TN from Nashville, TN, stating that because the father had provided “emotional developmental support” and a “nurturing environment for the children”, that to move them 3 hours away would have caused “specific and serious harm”. However, the mother kept up with her petition, and proved to the court that the harm would be specific, it would not be serious, or serious enough the children’s psyche would not repair afterwards. So, after she was initially denied, she was later approved and moved to Knoxville with the children, as she was the primary caretaker.
Conclusion:
Relocation is a very specific law in child custody cases, as it does not happen too often. I and when cases like this occur, it is best to work with your co-parent to reach a mutually beneficial decision, as to avoid court procedures and expenses. If the two of you cannot, and you think there is no other option, then pursue legal action, if you feel it is best. Keep in mind, the court isn’t there to help you decide what;s best, it’s there to help decide what’s best for the child.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.