Will relocation affect child custody in Tennessee?
- At August 30, 2012
- By Miles Mason
- In Relocation
- 0
A Germantown child custody lawyer explains that relocation can affect child custody because custody is based on:
- the distance of the relocation between parents;
- the time each parent spends with the child; and
- the child’s best interest.
Distance in Relocation
Under Tennessee law, a parent relocating out of state or more than 100 miles must notify the other parent in writing about the intended move at least 60 days in advance. The notified parent then has 30 days to file an objection with the court. If no objection is received within that time, the parent notified will not have any grounds to object to the move in the future.
Time Spent with Child
The law in Tennessee weighs the amount of time parents get to spend with the child when considering relocation. A Germantown child custody lawyer says the time does not have to be equal, just substantially equal. This allows for interpretation. What the court may determine as a substantial amount of time can vary widely from case to case. If, however, the relocating parent spends the majority time with the child, the move may be allowed even if the nearly absent parent objects.
Best Interest of Child
The court will consider the best interest of the child if the relocation:
- may be harmful to the child;
- is for no reasonable purpose; or
- is deemed to be solely for the purpose of prohibiting visitations from the parent not seeking to move.
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 read our Tennessee Family Law Blog with more detailed cases sorted by relocation cases granted and denied.
Talk to a Germantown Child Custody Lawyer
Relocation can affect not only your child custody agreement, but the well-being of your child. The experienced custody lawyers from the Miles Mason Family Law Group will work hard to protect you and your child’s rights to fair child custody. Give us a call us today at 901-683-1850.