If you are a parent with sole custody of your child and are considering relocating, you may be wondering if it is legal to move away from the other parent. The answer to this question depends on a number of factors, including whether or not the father has visitation rights.
Generally speaking, parents who have primary physical custody of their children can relocate without first obtaining permission from the other parent. However, there are some exceptions to this rule. For example, if the other parent has been granted joint or shared custody by the court, then written notice MUST be given to that other parent and sent to the other parent by certified mail. In that notice, you must provide (1) a statement of your intent to move, (2) when you are moving, (3) where you are moving, and (4) why you are moving. It must be given at least 60 days in advance of your move. If you are the custodial parent, and you do not give this notice, you could lose custody of your children to the other parent. In Tennessee, if you have any parenting time with the children at all, whether you are the primary residential parent or not, you must give this notice to the other parent at least 60 days prior to moving.
If you are concerned that the other parent will attempt to move away with your child, there are steps you can take to prevent this from happening. First, make sure that you have a solid custody agreement in place that clearly states your visitation rights. If the other parent does attempt to relocate without your consent, you can then take legal action to stop the parental relocation. If you receive notice from the other parent of their intent to move greater than fifty (50) miles away from you, or from the other parent of their intent to move out of the State of Tennessee, you have 30 days from the date you receive this notice to file an objection to the move with the court. The court will then hear why it is or is not in the child’s best interests to move with the other parent.
If you are considering relocating greater than 50 miles within Tennessee or out of the State of Tennessee with your child after a divorce, it is important to speak with an experienced family law attorney first. An attorney can help you understand your rights under the law and ensure that you take the necessary steps to protect your relationship with your child.
Are There Consequences for Moving Away?
There are some potential consequences that a parent should be aware of before deciding to move away with the child. First, the other parent may take legal action to stop the move or to modify custody arrangements. Additionally, the court could order make-up visitation for the time the child is away from the other parent.
Another consequence of moving away is that it could negatively impact custody negotiations in the future. If you are planning to move, it is important to speak with an attorney beforehand so that you can understand all of the possible implications and make sure you are taking steps to protect your rights.
Can a Child Custody Attorney Help?
The bottom line is that if you are considering moving away with your child, it is important to speak with an experienced family law attorney. A child custody attorney can clear up any specifics about your particular case, inform you about potential hurdles, and represent you to the best of their abilities.
Which Law Firm is Right for Me?
Our knowledgeable and experienced team is here to help. We will work closely with you to understand your unique situation and develop a strategy that is in the best interests of you and your child. Contact us today to schedule a consultation by calling 615-970-6448.