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My spouse moved in violation of our child custody agreement

A spouse with shared child custody — in most cases — cannot simply move away with the child from the other parent without permission. Instead, both parents must agree on important decisions like this, which could negatively affect the relationship between the child and the parent who’s left behind.

Since most parents want to continue to have a relationship with their children, the parent who doesn’t want to move will usually reject any request to move, and the moving parent will be subject to some limitations. Those limitations could involve not being able to move more than 50 or 100 miles from the parent’s current residence, and/or an inability to move across state lines.

When the parents don’t agree on a potential relocation, it can give rise to a relocation dispute, in which case, a Tennessee family law court will need to decide whether it’s in the child’s best interests for the other parent to move away. In the vast majority of cases, Tennessee family law courts will seek to honor the existing relationship between the child and the parent who doesn’t want to move, and the court will reject the relocation request.

That said, if a parent can prove why such a relocation is overwhelmingly in the best interest of the child, the court might agree to the move. In some cases, if the other parent has abandoned the child, if the child will experience a much better quality of life or if the child will receive more support from extended family members in the new location, a judge might be willing to grant a relocation request.

Do you want to move away with your child or do you want to stop your ex from moving away with your child? Learn more about your child custody options and take legal action to defend your rights as soon as possible.


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