Deciding to move — whether for a job, better schools, family support, or a fresh start — can bring hope and new opportunities. But for divorced or separated parents in Tennessee who share custody or visitation, a move can raise serious legal complications.
If you’re thinking about relocating with your child, or wondering what happens when the other parent moves, it helps to know how the law treats child custody in Tennessee.
What the Law Says
Under Tenn. Code § 36-6-108 — the statute governing parental relocation in Tennessee — certain moves require legal steps.
- If a parent plans to relocate more than 50 miles from the other parent’s residence (or move out of state), the statute is triggered.
- If the move is within 50 miles, the relocating parent typically does not need court approval or formal notice.
Once a custody or permanent parenting plan is in place, any qualifying move requires following the statute. Informal custody agreements or arrangements made outside court orders may not carry the same protections.
Notice Requirements
If you plan to move more than 50 miles, the relocating parent must:
- Send a written notice to the other parent by certified or registered mail at least 60 days before the proposed move.
- Include in the notice:
- A statement of intent to move.
- Address of the proposed new residence.
- Reasons for the relocation.
- A statement that the other parent may object within 30 days after receipt.
If the other parent does not object within 30 days — or both parents agree — the move may proceed without a court hearing (though a revised parenting plan may still be necessary).
What Happens If the Other Parent Objects
If the non-relocating parent objects to the move, or parents cannot agree on a new visitation schedule, the relocating parent must file a petition for court approval of the relocation. Once the petition is filed for child custody in Tennessee, the court evaluates whether the move is in the child’s best interest.
After a hearing, the court may:
- Approve the move and modify the existing parenting plan accordingly (visitation schedule, transportation details, support adjustments, etc.).
- Deny the move with the child, and possibly restructure visitation or custody if the moving parent goes ahead without approval.
This ensures the child’s welfare and existing relationship with both parents remain the court’s primary concern.
What Courts Consider
Since a 2018 change in the law (by P.C. 853), courts must use a “best interest of the child” standard when evaluating relocation cases — rather than giving preference based on which parent was primary before the move.
Some of the key factors courts consider under § 36-6-108(c) include:
- The nature, quality, and duration of the child’s relationships with both parents, siblings, and other significant people.
- The child’s age, developmental needs, schooling, emotional well-being, and how the move may affect those aspects.
- Whether the relationship with the non-relocating parent can be preserved through reasonable visitation or parenting time, considering logistics and financial burden.
- The child’s own preference (if age 12 or older), or younger if the court deems appropriate.
- Whether the relocating parent has historically supported or interfered with the child’s relationship with the other parent.
- Whether the move would meaningfully improve quality of life — e.g., better education, family support, stability, or financial/emotional benefit.
- The motivations and reasons of both parents for supporting or opposing the move.
- Any other factor that affects the child’s welfare as defined by other relevant statutes.
Because the “best interest” test looks at many variables, outcomes can be unpredictable — especially when parents share parenting time or the move significantly impacts visitation logistics.
What to Do Before You Make Plans to Move
If you’re considering relocating, here’s a checklist to help you prepare:
- Review your custody or parenting plan — see what it says about relocation and whether any prior agreement exists.
- If you plan to move 50+ miles, draft and send the required written notice by certified/registered mail at least 60 days before the move.
- Be transparent: include reasons for the move, the new address, and a statement allowing the other parent 30 days to object.
- If the other parent objects, consult an attorney experienced in relocation and custody law.
- Be ready to propose a realistic revised parenting plan that preserves meaningful contact with both parents.
- Consider mediation or negotiation — sometimes parents can reach a workable agreement without unnecessary hostility.
- Always think from the child’s perspective: stability, relationships, schooling, emotional needs, and long-term well-being.
How Fowler Law Group Can Help with Child Custody in TN
If you live in Middle Tennessee and face custody or relocation issues, Fowler Law Group offers experienced legal counsel to guide you through the complexities. As a Murfreesboro-based firm with a dedicated family law practice, we understand the emotional weight and legal challenges that moves bring.
If you want guidance and someone who listens, reach out to us at Fowler Law Group for a consultation.
