Knowledgeable Advice from a Murfreesboro Family Lawyer
When a couple decides to split, they may find their lives take dramatically different directions, prompting one spouse to relocate over a long distance, sometimes out of the state of Tennessee entirely. When these estranged spouses are also sharing custody of a child, this can seriously complicate a family's visitation and parenting plans.
As such, Tennessee Code Ann. § 36-6-108 provides a legal process which a parent wishing to relocate over a long distance must follow in order to maintain their visitation rights. This process is complicated and does require a certain degree of care to ensure all of the proper paperwork has been filed within the required deadlines. As such, it is strongly advised that you retain the services of an experienced Murfreesboro family lawyer.
The Clarke Law Firm has assisted residents of Murfreesboro with a wide variety of legal matters, including many family law cases. Attorney David L. Clarke has become renowned by his clients and his peers for his honest and straight-forward style of representation. His sound advice and compassionate approach to each family law case has earned him the respect of the legal community.
Contact The Clarke Law Firm and get assistance with your parental relocation needs today.
The Tennessee Relocation Process
Tennessee's relocation process requires that parents wishing to move fit a very particular criteria, and must also present a new parenting plan along with their request to relocate. It is important to note that in Tennessee this process is only required for parents who wish to move more than 100 miles away from the other parent or those who wish to move across state lines.
The parental relocation process is as follows:
- No less than 60 days before moving, the parent who wishes to move must notify the other parent by mail of their intent to move by mail. This notice must include the statement of intent to move, the location where they are moving to, the reason for the move, and a statement informing the other parent may file a petition in opposition to the move within 30 days of their receiving the notice.
- The relocating parent must file a petition to alter the visitation plan, which will be carried out by the court, who will determine a number of factors, including foremost the child's best interests.
- If the other parent files a petition, to change or take over custody of the child, the court will consider this petition against a number of criteria before coming to a decision in the child's best interests.
- If no petition is filed within 30 days, the relocating parent will be allowed to move with custody of the child.
A Murfreesboro family attorney may be able to help you throughout this process, including helping you draft a proper notice and assisting you through any petitions your estranged spouse may file for.
Don't attempt to relocate with child custody without first calling the Clarke Law Firm by dialing (615) 796-6299 and requesting a consultation.