When parents make the decision to relocate, it can have a profound effect on the existing child custody arrangements. In the state of Tennessee, there are specific legal guidelines that parents must adhere to concerning child custody and relocation. Understanding these guidelines and their impact is crucial for both parents and, most importantly, the children involved.
Legal Requirements for Relocation
Under Tennessee law, a relocation is defined as a move that exceeds a distance of 50 miles from the child’s current residence. If a parent intends to relocate with their child, they must follow the legal requirements set forth by the state.
The relocating parent must provide written notice to the other parent at least 60 days before the proposed move. This notice must include details such as the relocation date, destination, and the reasons motivating the move.
Effects on Custody Arrangements
Relocation can have a significant impact on child custody arrangements, especially when both parents share joint custody. If one parent wishes to move, it can disrupt the established custody arrangement and invoke emotional distress in the parent who remains. This disruption may lead to concerns about limited access to their child.
In situations where an agreement about the relocation cannot be reached between the parents, the court will intervene and make a decision based on the child’s best interests. The court considers multiple factors, including the child’s relationship with each parent, the motive behind the proposed move, the distance of the relocation, and the child’s emotional and educational needs.
If the move would pose a substantial risk to the child’s relationship with the non-relocating parent, the court may deem it against the child’s best interests to permit the relocation. Consequently, the court may order that the child remain in the custody of the non-relocating parent.
Modification of Custody Arrangements
Relocation can also present an opportunity for modifying existing custody arrangements. If the relocating parent currently has primary custody, the non-relocating parent may request a modification to obtain primary custody themselves. The non-relocating parent may argue that the move would harm the relationship between the child and the parent who remains.
In such cases, the court will once again assess the best interests of the child. If the court determines that the relocation would significantly disrupt the child’s relationship with the non-relocating parent, they may grant the requested modification of custody.
The Importance of Hiring a Family Law Attorney
If you find yourself considering relocating with your child or facing a relocation case, it is crucial to seek the guidance of a skilled family law attorney experienced in handling relocation cases within Tennessee. An attorney can provide valuable insight into the legal requirements and safeguards that are in place to protect your rights as a parent.
Conclusion
Relocation can bring about substantial changes to child custody arrangements in Tennessee. It is imperative for parents to familiarize themselves with the legal requirements and implications of relocation on their child custody arrangement. To ensure you fully comprehend your legal rights and options, reach out to an experienced family law attorney who can provide the guidance and support needed during this critical time.