Tennessee Relocation Act , Children and Custody

The Tennessee Relocation Statue at TCA 36-6-108 has become a very important statue for many Tennesseans with children that want to move out of the state. Different counties in Tennessee tend to read the statute somewhat differently, holding the moving party to a variety of different standards, but the act itself works well if the judges follow the intent of it.

In Montgomery County, [url=http://www.bestclarksvillelawyer.com]Phillips Law, PLLC[/url], our firm deals with relocation cases quite frequently due to the high number of military families in our area. Military families tend to move in the summer and I have represented or fought against quite a few soldiers and their families in relocation cases this past year. Most of the issues were as a result of the soldier coming down on "orders" and being forced to locate to another state or country as part of his military duties. The permanent change of station creates a frequent issue for the judges in our county. But, the one thing it does for the parent that is relocating due to the military is give them a valid reason to relocate.

The first issue is that the moving parent must give notice that they are moving to the other parent. This is very specific and must include the details of the move. Why the move in being made and the address of where the parent is moving. This must be filed in accordance with the time frames laid out in the parties parenting plan or the Relocation Statute.

I have also represented several clients in Davidson County with relocation cases. The two counties are very different in the way that they deal with the move of a family out of state. Davidson County seems to be much stricter in their interpretation of the move away statute.

The relocation statue has two different provisions that apply differently to parents wanting to relocate with their minor children. The key to analyzing a move away case is first to determine whether one part or the other has a significant amount of time with the children. How much time the parents are spending with the children is the central issue for the court to determine. If one parent is the primary residential custodian and spends a majority of the time with the children, they will be allowed to move, and a new parenting plan, with liberal visitation for the other party will be created by the Court. If the move away is by a parent who shares equal time with the other parent, the Court's decision becomes much more difficult. In that case, the Court must determine what is in the "best interest of the children." Essentially, the comparative fitness of the parents will be evaluated to determine whether or not the children will be allowed to move with the moving parent. For Courts, this is a significant decision, because for many parents this is an all or nothing battle. To lost the relocation case will mean that they lose a significant amount of parenting time with their children.

If you are planning to move out of Tennessee, you must understand the Relocation Statute. Essentially, the idea is this: If one of the parent desiring to relocate has more time with the child, they will probably be allowed to move, but a new parenting plan will probably be needed. If both parents have equal time with the child or children, there will be a fight and the court will determine what is in the best interest of the children. This "best interest test" will determine whether the child can relocate with the moving parent. Either way, you should read the statute.