February 12, 2012
/24-7PressRelease/ -- Relocation and Child Custody in Tennessee
Co-parenting after a divorce can be a challenge. Things can be even more complicated if one of the parents has to move a great distance. Changes in life such as a new job or the need to be nearer to family members can require parents to modify custody arrangements. Parents in Tennessee need to know their rights and obligations when contemplating a long-distance move.
Relocation Procedure
If either parent intends to move more than 100 miles away, he or she needs to send written notice to the other parent at least 60 days prior to the move. The letter must include the following information:
-The parent intends to move
-The place to which the parent is going to move
-The reasons for the relocation
-The fact that recipient of the letter has 30 days from receiving the letter to file a petition with the court opposing the move
If the parents cannot agree to a new visitation schedule, the parent who is going to move must file a petition to modify custody with the court. When deciding on the petition, the court will consider the reasons for the move, the arrangements for fostering the relationship between the child and the other parent, the increased cost of transporting the child for visitation and whether the court needs to amend the child support award because of the cost.
Relocating With the Child
When a custodial parent seeks to move with the child, the parent must show that the move is in the child's best interests. There is no presumption for or against relocating with a child in Tennessee. The court judges a child's best interest in a relocation petition in the same manner as in an initial custody decision.
If the parents have been spending "substantially equal" time with the child and the custodial parent seeks to relocate with the child over the other parent's objections, the court will consider a number of factors to determine whether to allow the move, including:
-Whether the opposing parent has exercised visitation rights
-Whether the moving parent is likely to comply with new visitation arrangements
-The relationship between each parent and the child
-The ability of each parent to provide for the child's basic needs and the extent to which each parent has been the child's primary caregiver
-How long the child has lived in a stable environment and whether a change will disrupt it
If the parents have not spent equal time with the child, the court will allow the parent with primary custody to move with the child unless the court finds:
-There is no reasonable reason for the move
-The relocating parent is moving in order to prevent the other parent from seeing the child
-The move would pose "serious and specific harm" to the child
Trying to renegotiate custody arrangements can be complicated. If you are facing change to a custody arrangement due to a relocation, consult an experienced family law attorney today who can discuss your situation with you and advise you of your options.
Article provided by Collier, House and Brown, PLLC
Visit us at http://www.joydaviscollier.com/
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