Child Move Away Cases and Tennessee’s Parent Relocation Statute

Child move away cases and Tennessee’s child relocation statute

There are two child relocation matters that Tennessee family lawyers discuss with parents early in the divorce representation. The first has to do with plans to move away with the child before custody orders are issued. The second has to do with plans to move away when permanent custody orders are already in place.

Mandatory Temporary Injunctions

First, Tennessee’s mandatory temporary injunctions become effective when the petition for divorce is filed and served on the other party. T.C.A. § 36-4-106. The injunctions are intended to prevent either spouse from engaging in certain potentially harmful activities. Furthermore, these injunctions remain in place until:

1. The court issues a final decree of divorce;

2. The case is dismissed (perhaps the couple reconciled or the court lacked jurisdiction over the parties);

3. The spouses reach agreement;

4. The court modifies the injunction (after either party’s motion and a hearing); Or

5. The court dissolves the injunction.

As you might expect, one of those potentially harmful activities relates to a parent’s unilateral decision to relocate with the child. Removing the child from Tennessee or relocating the child 100 miles away from the marital home (or farther), albeit intrastate, violate the mandatory injunction. Such attempts to move away with the child require advance permission from the other parent or a court order.

There is one notable exception provided for in the statute, however. If a parent has a well-founded fear of physical abuse and is fleeing to escape violence to self or to protect the child, that may be reasonable cause to leave Tennessee or move over 100 miles away without advance notice to the other parent.

The non-relocating parent still has the right to request an expedited hearing (after all, the threat of violence could be fictional, a machination to justify leaving the jurisdiction with the child). At the hearing, which could be conducted telephonically, the judge can determine whether fleeing with the child was reasonable and will issue orders as it deems appropriate under the circumstances.

TN’s Child Relocation Statute

Second, Tennessee’s child relocation statute picks up where the mandatory injunction leaves off. With the divorce and child custody orders.

The child relocation statute establishes a procedure for when a divorced parent wants to move with the child out-of-state or, if an intrastate move, 100 or more miles away from the other parent. Importantly, T.C.A. § 36-4-108 requires that 60-day advance written notice be given to the non-relocating parent spelling out the details of the intended move.

When there is no objection from the non-relocating parent, he may be barred from objecting later. This is very important, especially when the consequences of the relocation prove to be less than satisfactory. If the parent does object to the move away, he must file a notice of objection with the court within 30 days (of receipt of her notice of relocation). Once the objection is filed, a hearing on the matter can be scheduled and evidence presented for and against.

Although every relocation case has special circumstances, you should familiarize yourself with what is required should you or the other parent attempt to move away with the child. (For example, because a great employment opportunity awaits in Little Rock, AR.) Learn more about relocating a child of divorce by reading:

Tennessee Parent Relocation Statute Law | Modifying the Parenting Plan