Child Custody and Relocation in Tennessee

After a divorce between two parents, custody over the children is a complicated process. In addition to ensuring you have the proper family law representation, all of your documents and information in order, and coming to an agreed-upon solution, you also uphold a parenting schedule, child support payments, and so much more.

But what happens when your job, a family emergency, or another situation requires you to move? Your parenting plan may need to be altered to accommodate travel, expenses, and other factors. On top of that, what will the other parent think? Is your relocation allowed within the parenting plan? What do you do if you are unable to file for emergency custody in Tennessee? What evidence or testimony will be needed for temporary custody orders?

During these trying times, Hagar & Phillips is your guide through the multitude of questions you may have.

Your Relationship with the Parenting Plan

According to the custodial agreement, much of this process depends on your relationship with the child. Meaning, are you the primary residential parent or the alternate residential parent?

In Tennessee, the state’s Supreme Court has ruled that a primary residential parent can move even in the objection of a non-primary residential parent if the relocation meets the following criteria:

• The move is not vindictive.
• The custodial parent has a valid reason for the move
• The move does not pose a specific risk of harm to the child

No matter the situation, you need a family law attorney.

The Relocation and Child Custody Process

If you or the other parent decides to move, the following process must be strictly followed.

1. If the new location will be in another state or more than 50 miles away, the parent must send official notice via certified mail to the other parent’s last known address.  This must occur before and no later than sixty (60) days before the moving date.
2. If the other parent does not agree with the move or has reason to believe the move should not occur, he or she has thirty (30) days of receiving the notice to object.
3. If both parents cannot agree on the custody schedule, the move, and other factors related to the situation, such as costs, the court will take all parental factors into consideration during the decision-making process.
4. The court may hear the child’s preferences with regard to the relocation when the child is older than 12 years of age.

This particular description of the process is generalized and may not include all potential factors, such as equal shared custody, cost of living, and the health of those involved. Regardless of your predicament, well-being, or understanding of the relocation process about child custody, always have a hard-working lawyer by your side.

Emergency Child Custody

If you have immediate needs, such as temporary emergency custody orders, please contact our office right away to discuss care for the child with our attorneys. A review hearing may be forthcoming and you want to discuss your options with an attorney. Contact our law office if you have a formal court order, or have questions about filing emergency custody in Tennessee.

Questions about Relocation and Child Custody

You may have questions about child custody and relocation in Tennessee, such as how to get emergency custody in TN, or is Tennessee a mother state, or what if the parent is not following the parenting plan in TN. For questions about Tennessee family law, parenting plans in TN, or child custody, contact a local Lebanon TN lawyer who is on your side.

Contact a Trusted Child Custody Lebanon TN Lawyer

The child custody attorneys at Hagar & Phillips are ready to fight for your relocation or visitation and custody rights. To learn more about your options and the child custody process, contact us to schedule your case consultation at our Lebanon, Tennessee office today.