Call For Free Initial Consultation
(615) 259-2660
TwitterFacebookRss FeedGoogle PlusLinkedIn


Parental Relocation Law in Nashville

tennessee-move-away-lawThe “Tennessee Parent Relocation Statute” or “move away law” can be found at Tennessee Code Annotated §36-6-108.  This law comes into play when one parent wishes to relocate the minor children outside the State of Tennessee, or more than fifty (50) miles from the other parent’s home.  The statute sets out what is required when a parent wants to leave Tennessee with minor children.

What Does The Tennessee Move Away Law Require?

When a parent plans to move the minor child away from the other parent, the law requires strict compliance in order to prevent being found in violation of the law or from being in contempt of court.

  1. The relocating parent is required to send written notice to the other parent no later than sixty (60) days before the move
  2. The other parent has thirty (30) days after receiving the notice to file a Petition in Opposition to Move with the court.
  3. If no objection is filed with the court within thirty (30) days, the parent may move with the minor child.

What If There Is An Objection To The Move Away?

There are two (2) basic analyses under the Tennessee Parental Relocation Act:

  1. Parents who spend substantially equal amounts of time with the child.  If parents spend substantially equal amounts of time with the child, there is no presumption in favor or against the request for relocation. The court determines looks at whether the relocation of the child is in the child’s best interest based on the following statutory factors:
    • The extent to which visitation rights have been allowed and exercised
    • Whether the primary residential parent, once relocated, is likely to comply with any new visitation arrangement
    • The love, affection and emotional ties existing between the parents and child
    • The stability of the family unit of the parents
  2. Parents who do NOT spend substantially equal amounts of time with the child.  If the parent wishing to move spends a greater amount of time with the minor child, the court looks to see if the purpose of the relocation has a reasonable purpose, would pose a threat of serious or specific harm to the child, or the relocating parent had a vindictive motive to interfere with the other parent’s parenting time.  If the court finds any factor, the court will then determine whether the relocation is in the child’s best interest based on the following:
    • The extent to which visitation rights have been allowed and exercised
    • Whether the primary residential parent, once relocated, is likely to comply with any new visitation arrangement
    • The love, affection and emotional ties existing between the parents and child
    • The stability of the family unit of the parents.

What Is The Purpose Of The Tennessee Move Away Law?

The intent behind the “Parent Relocation Statute” is to prevent one parent from packing up and moving the child without the consent of the non-relocating parent and the court. The statute aims to keep the child’s best interest as the most important priority when determining whether relocation is appropriate. The relocation of one of the parents may affect child support and may lead the court to assess the costs of transporting the child for visitation.

Hire An Experience Family Law Attorney Familiar With Move Away Law

At Turner Law Offices, P.C., our family law attorneys are experienced with handling parental relocation cases.  Our family law lawyers were some of the first to file a Petition In Opposition To Move Away, and have successfully dealt with all issues regarding moving minor children out of Tennessee.  Request A Free Consultation Online or call our office today to schedule a free in person meeting with one of our Nashville attorneys.

(615) 259-2660

/* */