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Relocating with children after a Divorce

On Behalf of | Mar 29, 2017 | Family Law |

After a parenting plan has been put in place by a Judge, there are certain steps that need to be followed if one of the parties desires to move more than fifty (50) miles away or out of the state. The Tennessee Supreme Court has recently clarified each party’s rights and obligations when desiring to relocate.

Tennessee’s Parental Relocation Statute applies to parents with a court-ordered parenting plan. A parent who is spending the greater amount of time with the child must send a notice through certified mail no later than sixty (60) days prior to the move. It must contain certain information about the proposed relocation.

After such notice is given, it is up to the parent opposing the move to prove one of three grounds for denying permission: (1) that the proposed move would pose a threat of serious harm to the child; (2) the the relocating parent’s motive is vindictive; or (3) that the move does not have a reasonable purpose.

In the recent Aragon case, the Tennessee Supreme Court emphasized that the statute is to make relocation cases cut-and-dried, to allow the parent who has been spending the majority of the time with the child to relocate unless the opposing parent meets the high standard of proof.

If you have questions about relocating, wish to relocate, or wish to oppose a relocation, call the attorneys at Maniatis Law PLLC for a consulation on your case. If you have general questions about a divorce, you can find more information here, or give us a call at our office.