Many parents know that relocating over long distances can be complicated with a child. But for divorced or separated parents, moving far away may not be an option at all.
Moving your child long distances requires notice to be sent to the other parent, and the issue could be taken back to the courts to decide if the move is allowed at all. If the move does happen, you will likely need to alter the terms of your custody to better suit the new living situation.
Sending notice to the other parent
Tennessee law requires a parent who is moving with their child more than 50 miles away from the other parent needs to provide notice at least 60 days prior to the move. The other parent then has 30 days from the receipt of this notice to object to the move. If they do so, the issue will need to be once again argued in court.
The most efficient way to resolve these issues is through mediation or negotiation. As always, collaborative solutions tend to lead to more prosperous parent-child relationships and a longer-lasting and less contentious co-parenting relationship between parents. However, these collaborative methods are not always feasible.
What happens when the other parent objects to the move
When one parent objects to the move or petitions the court for a modified visitation schedule, the case will have to be resolved just like your original child custody case. Both parents will have to come to an agreement through negotiation, or argue before the court why the move is or is not in the best interest of their child.
Relocation is one of the major issues that may prompt a modification to your child custody arrangement. Every case is unique, and the judge will consider a variety of factors when making their decision.
In some cases, the move may be permitted to happen with little to no changes to the existing custody arrangement. However in other cases, the moving parent may lose a substantial amount of visitation time as a result of moving far away.
There is no way to know for sure how a move may impact your child. The legal process surrounding relocation for separated parents is just another major factor to consider as you are planning your move to a new home.
