Since 1998, Tennessee has had a specific relocation statute, which is located at T.C.A. §36-6-108. This statute basically applies in all situations in which parents, whether married, unmarried, or divorced, cannot agree on whether or not one parent should be able to relocate with the children. For the statute to be triggered, the parent must be proposing to move either outside of Tennessee, or more than 100 miles away within in the state. The case law has so far strictly interpreted the 100 mile requirement.
If the parent desires to move outside the state or over 100 miles away within Tennessee, the statute then requires that parent to provide notice to the other parent of the move not later than sixty (60) days prior to the move. At that point, the parent that receives the notice of relocation can file a petition in opposition to the move within thirty (30) days of the receipt of the notice.
The parent who desires to move must provide specific information in the notice filed on the other parent, such as the location of the proposed relocation and the reasons for it. If the parents cannot agree, the relocating parent must then file a petition seeking to alter visitation.
The next most important question to ask is whether or not the parents share substantially equal parenting time or not. Case law shows that a 50/50 split is certainly substantially equal. There has been case law that has found an ARP with 43% of parenting time may be substantially equal, but 41% may not be.
From that point, if the parents are found to have substantially equal parenting time, the court directly analyzes best interest factors to determine whether the relocation should be allowed. These best interest factors include things like the extent to which visitation rights have been allowed and exercised, the love and emotional ties between the parents and child and the reasonable preference of the child if the child is over the age of twelve (12). If the court finds that the parents do not have substantially equal time, then the objecting parent has a higher hurdle to jump over. Before the court can get to the best interest grounds, it must make a specific finding against the parent who desires to relocate and this can be a difficult hurdle for the objecting parent to prove.
The bottom line is that if you desire to relocate or receive notice of the proposed relocation, you would be wise to hire an attorney to make sure that the proper procedures are followed and to ensure that your interests are properly represented in court.
If the parent desires to move outside the state or over 100 miles away within Tennessee, the statute then requires that parent to provide notice to the other parent of the move not later than sixty (60) days prior to the move. At that point, the parent that receives the notice of relocation can file a petition in opposition to the move within thirty (30) days of the receipt of the notice.
The parent who desires to move must provide specific information in the notice filed on the other parent, such as the location of the proposed relocation and the reasons for it. If the parents cannot agree, the relocating parent must then file a petition seeking to alter visitation.
The next most important question to ask is whether or not the parents share substantially equal parenting time or not. Case law shows that a 50/50 split is certainly substantially equal. There has been case law that has found an ARP with 43% of parenting time may be substantially equal, but 41% may not be.
From that point, if the parents are found to have substantially equal parenting time, the court directly analyzes best interest factors to determine whether the relocation should be allowed. These best interest factors include things like the extent to which visitation rights have been allowed and exercised, the love and emotional ties between the parents and child and the reasonable preference of the child if the child is over the age of twelve (12). If the court finds that the parents do not have substantially equal time, then the objecting parent has a higher hurdle to jump over. Before the court can get to the best interest grounds, it must make a specific finding against the parent who desires to relocate and this can be a difficult hurdle for the objecting parent to prove.
The bottom line is that if you desire to relocate or receive notice of the proposed relocation, you would be wise to hire an attorney to make sure that the proper procedures are followed and to ensure that your interests are properly represented in court.
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