Deciding to Relocate with Your Children After a Tennssee Divorce

Know the Law on Tennessee Relocation Before You Decide to Relocate with Your Children After a Divorce

Know the Law on Relocation Before You Decide to Relocate with Your Children After a Tennessee Divorce

 Given the mobility of American society, it is not terribly surprising that there has been an increasing national trend towards relocating with children after a divorce.  According to Vijai Sharma, Ph.D, author of Pros and Cons of Relocation After Divorce, approximately 17 to 25 percent of custodial parents relocate within the first two years after a divorce.  While the factors motivating custodial parents to choose to relocate with their children after a divorce are diverse, some of the more common reasons why divorced custodial parents choose to move are:

• financial necessity
• to take advantage of job opportunities
• to be with a new romantic partner or spouse
• to be closer to family and social support networks

The Trend in State Laws

Since there is little if any evidence regarding the impact of parental relocation after divorce on children, state family law courts are put in the thorny predicament of having to somehow reconcile the competing demands and interests of the children and parents in child relocation custody cases.  Consequently, most states have laws which specify exactly how the court will decide whether or not it is in the best interests of the child to relocate with the custodial parent.

Laws regarding relocation of children after a divorce vary significantly from state to state.  Consequently, it is extremely important for custodial parents seeking to relocate with their children to learn the rules determined by their state.  Parents who do not follow the proper legal rules and procedures in their state could potentially lose primary physical custody of their children to the other parent.

There are three distinct legal schools of thought followed by different states relating to parental relocation with children after a divorce.

• The presumption that child relocation after divorce is not in the best interests of the child, unless the parent seeking to relocate proves that the move will significantly improve the parent and child’s quality of life.
• The presumption that child relocation after divorce is reasonable relocation unless it can be shown that it would specifically hurt a child.
• The favored view in most states is that each case should be analyzed individually, taking a variety of factors into consideration to determine what is in the best interests of the child.

Some states require a custodial parent seeking to relocate to give the noncustodial parent official written notice of the intent to move.  The noncustodial parent then has the right to file an objection with the court.  In other states, the custodial parent wishing to relocate must first file a petition with the court seeking permission to move, and the court may grant or deny the custodial parent’s request.

Factors the Court May Consider

The factors a family law judge may likely consider when determining whether relocation is in a child’s best interest are:

• The relative strength, nature, quality, extent of involvement and stability of the child’s relationship with each parent and other significant people in the child’s life;
• Any prior agreements between parents;
• Whether disrupting the contact between child and custodial parent would harm the child more than disrupting the contact between child and noncustodial parent;
• The intent and good faith of each parent seeking and opposing the move;
• Whether there is an established pattern of conduct of the parent seeking relocation to promote or harm the relationship of the child with noncustodial parent;
• The age, developmental stage and needs of child;
• How moving or not moving will impact the child’s physical, educational and emotional development;
• The quality of life, resources and opportunities available to the child and relocating parent;
• The feasibility of alternative arrangements to foster and continue the child’s relationship with and access to the noncustodial parent;
• The feasibility and desirability of the other parent to relocate at same time;
• The financial impact and logistics of the relocation or its prevention;
• The child’s preference, taking into consideration the age and maturity of the child.

Tennessee Law

Tennessee Code Annotated section 36-6-108(d)(1) governs child relocation with the custodial parent and details the specific rules which must be followed by parents in Tennessee seeking to relocate with their children.

In general, the parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds:

(A) The relocation does not have a reasonable purpose;

(B) The relocation would pose a threat of specific and serious harm to the child that outweighs the threat of harm to the child of a change of custody; or

(C) The parent’s motive for relocating with the child is vindictive in that it is intended to defeat or deter visitation rights of the non-custodial parent or the parent spending less time with the child.

To learn more, buy Miles Mason, Sr.’s book, Tennessee Parent Relocation Law (available on Amazon and Kindle), see Tennessee Parent Relocation Statute Law | Modifying the Parenting Plan, and our Tennessee Family Law Blog with more detailed cases sorted by relocation cases granted and denied.

Legal Assistance

Child custody disputes are probably the most intricate and significant legal issues parents need to resolve during or after a divorce. If you are considering relocating with your children after a divorce, you need to consult an experienced and competent Memphis family law attorney to provide you with legal advice and guidance. It is imperative that custodial parents know, understand and follow the laws relating to parental relocation with children after a divorce, because you can’t take chances with your children.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, and alimony modification.