If you decide to move as a custodial parent, you need to meet specific requirements under Tennessee Law and follow the necessary steps. While a court cannot prevent you from relocating to the destination of your choice, a judge has to give you approval to move your child with you. Building a strong case to present to both your co-parent and the court is central to this type of legal process.
When examining your petition, a judge considers a wide range of factors, although they all boil down to whether your proposed relocation is in your child’s best interests. Even when a move feels urgent or necessary, taking action before completing the required legal steps can create serious setbacks that are difficult to undo.
Working with an experienced family law attorney can help you secure a favorable response to your request, even when your co-parent objects to your child moving away.
Tennessee’s Parental Relocation Law
Tennessee law requires that when a parent with primary residential custody (the parent the child primarily resides with) plans to relocate with the child, they must follow certain steps to ensure the other parent is notified and given an opportunity to object. These steps are laid out under Tennessee Code Annotated Section 36-6-108, which addresses parental relocation and outlines the legal procedures involved.
Strict Compliance Is Non-Negotiable in Tennessee Relocation Cases
In Tennessee, parental relocation is not an area where informal agreements or “good intentions” carry legal weight. The law requires strict compliance, and courts take procedural missteps very seriously.
Before taking any action, it is important to understand that relocation is not simply about where you want to live—it is about whether you follow the legal process in the correct order.
Courts consistently enforce the following principles when reviewing relocation cases:
- Permission must come first. A parent cannot relocate with a child and seek court approval afterward. Doing so can result in immediate legal consequences, including orders requiring the child’s return.
- No informal workarounds. Even if the other parent verbally agrees to the move, failing to follow the statutory notice requirements can still jeopardize your case. Courts rely on formal compliance, not side agreements.
- Risk to primary residential parent status. Relocating without proper approval can be viewed as acting against the child’s best interests, which may put your status as the Primary Residential Parent (PRP) at risk.
In practice, this means timing and procedure are just as important as the reasons for your move. Taking action too early—or without proper notice—can undermine an otherwise valid relocation request.
What Does the Law Require for Parental Relocation in Tennessee?
If you plan to move farther than 50 miles from your co-parent or out-of-state, the law requires that you receive the judge’s approval to do so with your child. You need to send certified registered mail to the court and the other parent no later than 60 days before your expected moving date.
Your written notice must include:
- A statement of intent to relocate.
- The location of your proposed move
- The reasons for the planned relocation (such as a job change, family matters, etc.)
- The date of the proposed move
- The proposed new school, daycare, or other relevant details regarding the child’s life after the move
If your notice does not meet all requirements, the judge may deny your relocation. If your co-parent has no objection to your move and you receive the court’s approval, you may relocate with your child after 30 days.
A court hearing may not be necessary if your notice is complete, and the other party agrees to your proposed move. If you receive authorization to relocate with your child, you also need to file for a modification of the child custody court order to modify the visitation schedule.
What If the Other Parent Objects?
When you submit your written notice to the judge and the other parent, your co-parent has 30 days to file a Petition in Opposition to Move with the court. If this happens, the judge can hear both parents out and carefully review whether the move serves the child’s best interests.
If you need a hearing because the other parent objects to your relocation, you should work with a child custody lawyer to help you prepare documentation and any evidence that shows the move is beneficial for your child and should receive the judge’s approval.
What Factors Does the Judge Consider When Determining a Child’s Best Interests?
Like with any other matters that concern one or more minor children, a judge uses the benchmark of a child’s best interest when assessing a petition for parental relocation.
When reviewing your case, the judge will look at the following factors:
- The quality of the child’s relationship with each parent
- How much time the child spends with each parent
- Provisions in the current child custody order
- All parties’ physical and mental health
- Educational, extracurricular, and social opportunities for the child at the proposed new location
- How a new visitation schedule would ensure the child maintains a relationship with the non-relocating parent
- The child’s preference if they are at least 12 years old
- Whether the move would preserve stability in the child’s life
- The child’s adjustment to the new environment
- The feasibility of continuing a meaningful relationship
What Happens If the Relocation Is Denied?
If the court denies the relocation request, the parent seeking to relocate may be required to maintain the child’s current living arrangements. This means they may have to continue living in the same area to comply with the court order. If the court determines that the child’s relationship with the non-relocating parent would suffer irreparable harm due to the move, the parent wishing to relocate may be denied the opportunity to move with the child.
Choose Conner & Roberts, PLLC, to File Your Petition for Parental Relocation
We usually recommend that you reach out to us as soon as you plan to relocate. Although we understand that a move may happen quickly for certain reasons, like a new job, getting started early can increase your chances of getting a judge’s approval. It also helps you give sufficient notice to your co-parent so you can discuss any modifications to the child custody and visitation schedule in the court order.
Building a strong case and showing how this relocation can benefit your child is central to receiving official permission to move with your child. In the event that the child’s other parent objects to the move, we can also assist you in negotiating a mutually beneficial solution. We have extensive experience in child custody and other family law matters, and we strive to develop effective strategies tailored to your unique situation.
If you are planning to file a petition for parental relocation in Chattanooga or its surrounding areas, contact Conner & Roberts, PLLC, today at (423) 299-4489 to schedule a consultation!