Asked in Family Law, Child Custody and Child Support for Tennessee

Q: How to pursue relocation if I am the custodial parent of 2 boys?

Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support, along with being able to participate in extracurricular activities. The ages of the children are 12 and 10. They both would like to continue to reside with me and are okay with moving.

1 Lawyer Answer
Thomas W Coupé
Thomas W Coupé
  • Memphis, TN
  • Licensed in Tennessee

A: The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.

The notice must meet specific requirements and be provided by certified registered mail no later than 60-days before the date of the proposed move. The other parent has 30-days after receiving the notice to file a Petition in Opposition to Move with the court. If no objection is filed with the court within the 30-days, the parent may move with the children.

The written notice must include:

A statement of intent to move.

The location of the proposed new residence.

The reasons for the proposed move.

A statement that the other parent may file a Petition in Opposition to Move within 30-days of receipt of the notice.

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