Life does go on for those in Germantown who choose to divorce. Part of that may include encountering opportunities to move to a new area. Whether those opportunities arise from one’s employment or to be closer to family members, it is not unreasonable for one to consider such action (indeed, according to information shared by the website Move.org, around 35.5 million Americans move every year. Relocating can be complicated, however, if one shares custody of their children with an ex-spouse.
The law does not prevent a divorced parent from moving (or from moving away with the kids, for that matter). However, proper protocols must be followed by those wishing to do so. These can be found in Section 36-6-108 of Tennessee’s Domestic Relations Code. Here it states that one in a custodial arrangement must provide their children’s other parent with notice of their intent to move at least 60 days prior to the proposed relocation. That notice should include where they intend to move to, why they intend to move, and notification that the non-relocating can file a petition opposing the move within 30 days of being notified.
If the relocating parent has the children in their custody a majority of the time (and the non-relocating parent opposes the move), the court will typically only bar them from moving away with the kids in the following situation:
- The parent does not offer a reasonable reason for needing to move
- Moving away with is child presents a greater risk to their well-being than that which might be present should they remain their current location
- The parent’s desire to move away with the kids is motivated by vindictiveness
Divorced parents can make the issue of relocation much easier by coming up with a revised custody arrangement on their own.