Parental Relocation

There are new requirements in Tennessee if a parent (with parenting time allocated to them in a Parenting Plan) wants to relocate (move away) with a child: NOW the burden is on the parent wanting to move with the child to take COURT ACTION. You still MUST give written notice to the non-moving (other) parent. In this written notice, you must state when, where, and why you wish to relocate.

It is now wise to file a Petition with the court for a new Parenting Plan immediately when you write him/her giving notice of the intent to relocate, as part of seeking permission to relocate with your child. You can no longer just send the other parent a letter and put the burden on them to file a court action.

The only way to ensure immediate action and timely court participation is to file an action immediately (with your written notice to the other parent). This is especially important with military families to meet the time burden of PCS’s. Obviously, this is important with any time sensitive move/transfer, military or not.

Once the other parent is served with the Petition, they have 30 days to agree/ disagree. If they do nothing, or agree then you can relocate with your child, under a new parenting plan. If they disagree, the court must have a hearing to conduct a hearing on the relocation. The court will conduct what is known as a “Best interest Analysis” to determine if you may take your child with you, and if so what the new parenting times and situation will be. If you do not file the court action at the start of the notice, and the other parent disagrees with the move, you will lose a month or more in time, because then you must file a court action to request the move. Then your next 30-day clock begins.

DO NOT WAIT AND LOSE VALUABLE TIME. File your court action on the front end. Talk to an attorney about these options. We can help you navigate this process.

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