Before you start packing your bags, here’s everything you need to know.
What Does The Tennessee Parent Relocation Statute Say?
Also known as T.C.A. § 36-6-108, the Tennessee Parent Relocation Statute provides that any parent planning to relocate their minor child more than 50 miles away or out of state must provide the other parent written notice via certified or registered mail of the intent to relocate no less than sixty (60) days prior to the anticipated relocation date. If you, as the custodial parent, plan on moving less than 50 miles away within Tennessee, then no authorization is required.
According to § 36-6-108, for those wishing to relocate, your written notice must include the following:
- “Statement of intent to move;
- Location of proposed new residence;
- Reasons for proposed relocation; and
- Statement that absent agreement between the parents or on objection by the non-relocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance with subsection (a), the relocating parent will be permitted to do so by law.”
The final part confirms that the relocating parent is free to move with the children if the other parent does not mail in an objection to the court within 30 days of receiving the notice. As set forth above, notice from the moving parent must be delivered by certified or registered mail at least 60 days before the date of the suggested move.
What If The Other Parent Objects?
Suppose a parent objects to the relocation and promptly objects to the relocation and files an objection in court. In that case, the court will evaluate numerous factors to decide whether or not relocation is in the child’s best interest. A court case may follow, so you must have an experienced family attorney to help present your relocation case to the judge. Conversely, if you are served with a notice of parental relocation, you must take prompt action in the event you object to the relocation.
