In this article, you can discover…
- What you must do before moving out of state after a divorce.
- What to do when relocation is opposed by the other parent.
- How the right attorney can help you handle disputes surrounding your relocation.
What Legal Steps Must I Take Before Relocating Out Of Tennessee As A Separated Parent?
When you are considering moving out of Tennessee, it’s very important to determine whether or not you have substantial information to validate the reason(s) for your move. You will need to prove to the court that your relocation is both necessary and in the best interests of your children to move with you.
Tennessee Code Annotated 36-6-101 actually contains guidelines to prevent parents from taking children out of state without the consent of the other parent. More importantly, the permission of the court is required, and there are particular steps that must be taken to receive this permission.
First, you will need to notify the other parent via certified mail of your intent to move, along with the expected location of your move and the reasons for your relocation. After you notify the other parent, they can file a petition in opposition of your proposed move, so long as they do so within 30 days. Ultimately, both parties will either need to decide and agree on a visitation schedule, or you will need to file a petition to change the parenting plan. However, you will be able to move away with the court’s permission if no opposition is filed within 30 days.
What Are The Legal Consequences Of Relocating Without Court Approval?
The consequences of failing to uphold the legal obligations of your custody order can be severe, ranging anywhere from being held in contempt of court to receiving felony charges. Until a judge makes a ruling, moving your child outside of the state law’s geographical boundary can be considered parental kidnapping. This is especially true if your child is crossing international borders.
Attorney Robert Maines is a seasoned lawyer based in Sweetwater, TN who has helped countless clients just like you navigate the intricacies of child custody law. Attorney Maines is prepared to take on your case and assist you in receiving the proper permissions so that you can relocate out of state without any hiccups.
Still have questions? Ready to get started? Contact Maines Legal today to schedule an initial consultation.
How Can Hiring An Experienced Attorney Help Me During A Relocation Dispute?
Primarily, an attorney will be able to help you provide substantial evidence to prove that your move is necessary while ensuring that you do not violate your current court order. Given that Tennessee inherently includes a great deal of rural area, a 50 mile relocation radius can severely limit your options. Working with your attorney to prove that your move is necessary can help you to receive the necessary permissions to relocate.
How Do You Approach Cases Where Relocation Is Opposed By The Other Parent?
Naturally, any modification to a parenting plan can be a highly adversarial situation. With this in mind, we will need to plan ahead for any opposition if we can work to prove to the courts that your move is necessary. By anticipating any disputes ahead of time, we can prepare a solid portfolio of evidence to argue that relocating is in your child’s best interest.
Which Factors Will The Court Consider When I Request Out Of State Relocation?
Initially, the court will review the terms of your current order and how well you have adhered to them. Additionally, they will look at the extent to which the other parent has contributed to the co-parenting relationship and determine whether both parties are likely to comply with a new co-parenting agreement once you have relocated. More importantly, the court will look at the relationship of the children in question with each parent in order to decide what co-parenting plan is in the best interest of the children.
Additionally, the court can take into consideration the preferences of any children aged 12 or older, but this is not often a driving factor unless multiple children share a strong preference. However, the court will take into strong consideration any evidence of abuse or neglect by either parental party when determining a parenting plan.
Still Have Questions? Ready To Get Started?
For more information on Moving Out Of State With A Child Custody Agreement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (423) 456-4778 today.
Attorney Robert Maines is a seasoned lawyer based in Sweetwater, TN who has helped countless clients just like you navigate the intricacies of child custody law. Attorney Maines is prepared to take on your case and assist you in receiving the proper permissions so that you can relocate out of state without any hiccups.
Still have questions? Ready to get started? Contact Maines Legal today to schedule an initial consultation.
