Experienced Parental Relocation Attorney in Columbia, TN | Franklin, TN
Relocating out of Tennessee or More than 50 Miles:
Pursuant to Tennessee Code Annotated 36-6-108, there are certain requirements that a parent must fulfill before they will be allowed to relocate out of state or more than 50 miles from the other parent. First, the parent desiring to move must send sixty (60) days notice via certified U.S. Mail of their intent to relocate, their proposed residence, reasons for the move and inform the other parent of their right to file a Petition in Opposition to the relocation within thirty (30) days of their receipt of the notification. Depending on the amount of time the parent requesting to relocate actually spends with the child, two different standards govern the Court in deciding whether to allow the relocation.
1) Unequal Parenting Time & "Standard Visitation"
Pursuant to T.C.A. §36-6-108(d) “If the parents are not actually spending substantially equal periods of time with the child and the parent spending the greater amount of time with the child proposes to relocate with the child, the other parent may, within thirty (30) days of receipt of the notice, file a petition in opposition to the removal of the child.The other parent may not attempt to relocate with the child unless expressly authorized to do so by the court pursuant to a change of custody or primary custodial responsibility.The parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds:(A) The relocation does not have a reasonable purpose; (B) The relocation would pose a threat of specific and serious harm to the child that outweighs the threat ofharm tob the child of a change of custody; or (C) The parent’s motive for relocating with the child is vindictive in that it isintended to defeat or deter visitation rights of the non-custodial parent or the parent spending less time with the child.
2) Substantially Equal Parenting Time or "Joint Custody"
Pursuant to T.C.A. §36-6-108(c) “ If the parents are actually spending substantially equal intervals of time with the child and the relocating parent seeks to move with the child, the other parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child.No presumption in favor or against the request to relocate with the child shall arise.The court shall determine whether or not to permit relocation of the child based upon the best interests of the child.This is essentially the same analysis that the Court would use in making an initial determination of Primary Residential Parent status.
If you are attempting to relocate whether because of the financial hardship caused by a divorce, a new job opportunity, or other reasons, an experienced lawyer that is well versed in the law governing parental relocation can effectively advise and advocate on your behalf to make this transition as non-detrimental to your and your child/children's future. Additionally, a conscientious attorney, such as Misty D. Parks, can use the knowledge of the parental relocation provisions to protect and forewarn client's of potential hazards and pitfalls when establishing initial parenting plans, while keeping in consideration future plans of a client following post-divorce or post-separation life. Contact Misty D. Parks at (615) 255-9155 to discuss your particular case or Click Here to leave a message through this website.
Clients in: Franklin, TN; Brentwood, TN; Fairview, TN; Williamson
County, TN; Maury County, TN; Columbia, TN; Spring Hill, TN; Mt.
Pleasant, TN; Marshall County, TN; Lewisburg, TN; Lawrence County, TN; Lawrenceburg, TN; Pulaski, TN; Giles County, TN; Nashville, TN; Davidson
County, TN; Rutherford County, TN; Murfreesboro, TN; Smyrna, TN;
and surrounding Middle Tennessee Area.
By Misty D. Parks
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