Dealing with child-related matters equally a single parent or while going through a divorce or separation involves complex legal issues with potentially serious implications for your parental rights. Equally a result, before making whatsoever decisions about when and where to take your children, it is imperative that yous seek personal legal advice from an experienced family law attorney. This is specially true in the absence of a child custody understanding or court gild, equally your rights will be determined by statutory law and courtroom rulings from prior cases.

The General Rule for Moving out of State Under Tennessee Law

Since most situations involve a custodial parent seeking to relocate out of state, we will start there. Under Section 36-half dozen-108 of the Tennessee Code, if a custodial parent seeks to relocate out of land, that parent must provide notice to the child's other parent at least 60 days prior to moving – absent-minded exigent circumstances. The notice must exist sent to, "the other parent's last known address past registered or certified mail," and it must comprise:

  • A argument of the parent'due south intent to move;
  • The location where the parent intends to move;
  • The reason(s) for the proposed relocation; and,
  • A statement that the other parent may file a petition to oppose the move inside 30 days.

Section 36-6-108 also states that, "[u]nless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking to alter visitation. The court shall consider all relevant factors . . . [and] the availability of culling arrangements to foster and proceed the child's relationship with . . . the other parent. The court shall assess the costs of transporting the child for visitation and determine whether a divergence from the child back up guidelines should be considered in light of all factors including, only non limited to, boosted costs incurred for transporting the child for visitation." Relevant factors for determining whether a custodial parent volition be permitted to relocate out of state with their kid include:

  • Whether there is a "reasonable purpose" for the relocation;
  • Whether the relocation would, "pose a threat of specific and serious harm to the kid that outweighs the threat of damage to the child with a change of custody;" and,
  • Whether the relocation serves a "vindictive" purpose that is intended to preclude or limit the other parent'due south access to the child.

Ultimately, equally with all custody determinations, the conclusion of whether a custodial parent will be permitted to move out of land with his or her child must be made based upon the "best interests" of the kid involved. If it is in the child's best interests to move, or if his or her best interests tin can go along to be met in spite of the custodial parent'south relocation, so moving out of country volition be a viable option for the custodial parent.

What If You Do Non Accept a Custody Understanding?

If you practice not accept a formal custody agreement or custody order, this likely means either that y'all are notwithstanding married or that you have a child out of spousal relationship. In either instance, moving out of state with your child without obtaining formal courtroom approval is probable to be inadvisable. Depending on the circumstances involved, information technology could even be a criminal human action under Tennessee law. One time once again, earlier doing annihilation that could jeopardize your freedom, your legal rights, or your relationship with your kid, yous need to discuss your situation with an chaser.

Regardless of your current family circumstances, the fundamental to securing parenting rights is to obtain a formal custody order from the advisable Tennessee courtroom. If you are married and planning to file for divorce, you volition address child custody and visitation as part of the divorce procedure. If you and your spouse are on speaking terms, you may be able to work out a parenting program that allows you to relocate while also serving your child's all-time interests. If you are unmarried, you can petition the court for a custody order independent of the other aspects of the divorce process (although you volition probable demand to address child support besides).

What If I Am in Fear for My Child's (or My Ain) Rubber?

If yous are seeking to move because you are in fright for your kid's (or your ain) prophylactic, there are emergency legal remedies bachelor under Tennessee law. You should speak with an attorney about your options right away. While y'all may be permitted to move without a custody agreement in identify, fifty-fifty if you lot believe yous or your child is in danger, taking your child away from his or her other parent without a judicial order could go you into problem. These types of scenarios are usually highly fact-specific, and yous volition need to make an informed conclusion based on legal advice that is tailored to the unique circumstances y'all are facing.

What If I Accept Non Formally Established Paternity?

Under Tennessee police, a husband is presumed to be the father of a child conceived or born during his marriage. If this presumption does not use to you lot, then you must institute your parentage through a formal paternity proceeding. This must be done before you can seek custody or visitation (and also before yous can petition for a court order permitting you to move to another state with your child). This boosted step is unique to unmarried fathers. And while it takes fourth dimension, it is necessary in order to secure the parenting rights you lot want.

Speak with a Child Custody and Family Law Attorney at Batson Nolan PLC

If y'all need legal advice about your rights as a parent in Tennessee, nosotros encourage y'all to contact united states of america promptly for a confidential initial consultation. We can help you sympathize your options and make an informed decision virtually what to do adjacent. To speak with an attorney at our offices in Clarksville or Springfield, call 931-647-1501 or tell us how we tin assist online today.