Dealing with child-related matters equally a single parent or while going through a divorce or separation involves complex legal issues with potentially serious implications for your parental rights. As a result, earlier making any decisions about when and where to accept your children, it is imperative that you seek personal legal communication from an experienced family law chaser. This is particularly truthful in the absence of a kid custody understanding or court order, every bit your rights will be determined by statutory law and courtroom rulings from prior cases.

The General Rule for Moving out of Country Under Tennessee Law

Since virtually situations involve a custodial parent seeking to relocate out of country, we will first there. Under Section 36-6-108 of the Tennessee Code, if a custodial parent seeks to relocate out of state, that parent must provide notice to the child's other parent at least 60 days prior to moving – absent exigent circumstances. The notice must be sent to, "the other parent's last known accost by registered or certified mail," and it must contain:

  • A statement of the parent'due south intent to motion;
  • The location where the parent intends to motion;
  • The reason(s) for the proposed relocation; and,
  • A argument that the other parent may file a petition to oppose the move within 30 days.

Section 36-vi-108 also states that, "[u]nless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking to alter visitation. The court shall consider all relevant factors . . . [and] the availability of alternative arrangements to foster and continue the child's relationship with . . . the other parent. The court shall assess the costs of transporting the child for visitation and decide whether a deviation from the child back up guidelines should be considered in light of all factors including, but not limited to, boosted costs incurred for transporting the child for visitation." Relevant factors for determining whether a custodial parent will be permitted to relocate out of state with their kid include:

  • Whether there is a "reasonable purpose" for the relocation;
  • Whether the relocation would, "pose a threat of specific and serious harm to the child that outweighs the threat of harm to the child with a change of custody;" and,
  • Whether the relocation serves a "vindictive" purpose that is intended to prevent or limit the other parent's admission to the kid.

Ultimately, as with all custody determinations, the decision of whether a custodial parent will be permitted to move out of land with his or her child must be made based upon the "best interests" of the child involved. If it is in the child's best interests to move, or if his or her best interests can continue to be met in spite of the custodial parent's relocation, and then moving out of state will be a viable selection for the custodial parent.

What If You Do Non Have a Custody Agreement?

If you practise not take a formal custody agreement or custody order, this probable means either that y'all are withal married or that you lot have a child out of union. In either case, moving out of country with your child without obtaining formal court approval is probable to be inadvisable. Depending on the circumstances involved, it could fifty-fifty be a criminal human action under Tennessee law. Once again, earlier doing anything that could jeopardize your liberty, your legal rights, or your human relationship with your kid, you need to hash out your situation with an attorney.

Regardless of your electric current family circumstances, the key to securing parenting rights is to obtain a formal custody lodge from the appropriate Tennessee courtroom. If you are married and planning to file for divorce, yous will accost kid custody and visitation as part of the divorce process. If you and your spouse are on speaking terms, you may be able to work out a parenting plan that allows y'all to relocate while also serving your child's best interests. If you are single, you can petition the courtroom for a custody order independent of the other aspects of the divorce process (although you will likely demand to address kid support as well).

What If I Am in Fright for My Child's (or My Own) Safety?

If you are seeking to movement because you are in fear for your child's (or your ain) safe, there are emergency legal remedies bachelor under Tennessee law. You lot should speak with an attorney most your options right away. While you may be permitted to move without a custody understanding in place, fifty-fifty if you believe you lot or your child is in danger, taking your child abroad from his or her other parent without a judicial gild could get y'all into trouble. These types of scenarios are usually highly fact-specific, and yous volition need to make an informed decision based on legal communication that is tailored to the unique circumstances y'all are facing.

What If I Have Not Formally Established Paternity?

Under Tennessee law, a married man is presumed to exist the begetter of a child conceived or born during his marriage. If this presumption does not apply to y'all, then you must establish your parentage through a formal paternity proceeding. This must be done before you can seek custody or visitation (and as well before you can petition for a court social club permitting you to move to another state with your child). This additional step is unique to unmarried fathers. And while it takes time, information technology is necessary in order to secure the parenting rights you desire.

Speak with a Child Custody and Family Law Attorney at Batson Nolan PLC

If y'all need legal advice about your rights equally a parent in Tennessee, we encourage you to contact us promptly for a confidential initial consultation. Nosotros tin help you empathise your options and make an informed decision about what to do next. To speak with an attorney at our offices in Clarksville or Springfield, call 931-647-1501 or tell us how we tin can help online today.