Custody

After custody or co-parenting has been established in a permanent parenting plan or a final custody order, there are some steps that you need to take if you want to relocate. A relocation for these purposes means either moving out of the state or staying within the state but moving more than 50 miles from the other parent. The steps you must take are as follows:

1. At least 60 days before the planned move, you need to send a notice to the other parent at his/her last known address by registered or certified mail. The judge can waive this requirement, however, if there are emergency circumstances. The notice must contain the following:
   • a statement that you plan to move;
   • the location of your new home;
   • the reasons for your proposed relocation; and
   • a statement that explains that if the other parent doesn’t object within 30 days of the date notice is mailed, or if the parents don’t come to an agreement, the law will allow the relocation.¹
2. It’s possible that once the other parent receives the notice, the two of you may agree upon a new visitation schedule or the other parent may file an objection. If neither happens within 30 days after you send the notice, you need to file a petition asking the court to approve the relocation. Then, the non-relocating parent has 30 days to file a response in opposition to the petition.
3. If the non-relocating parent doesn’t file a response in opposition to your petition within 30 days of when you file the petition, then you and your child will be allowed to relocate.

¹ TN ST § 36-6-108(a)
² TN ST § 36-6-108(b)