Relocation Is One of the Most Complex and High-Stakes Issues in Tennessee Custody Law
If a parent wants to move — even within Tennessee — and that move will impact the existing parenting schedule, the law requires strict compliance with the Tennessee Parental Relocation Statute (Tenn. Code Ann. §36-6-108). Whether you want to relocate or want to stop a relocation, the outcome can dramatically reshape your parenting rights, your child’s life, and the entire custody arrangement.
Relocation cases are often emotional, urgent, and extremely evidence-driven. Judges analyze nearly every aspect of the child’s life and each parent’s involvement. We represent parents in both directions: those seeking to move and those fighting to prevent it.
What Counts as a “Relocation” Under Tennessee Law?
A parent is considered to be “relocating” when they plan to:
- Move more than 50 miles from the other parent’s home, or
- Move out of state, even if less than 50 miles, or
Even smaller moves can qualify if they significantly affect travel time, school zoning, or the child’s routine.
Notice Requirements — You Must Notify the Other Parent
A parent wishing to relocate must send the other parent a written 60-day notice, including:
- Intent to move
- New location
- Reasons for relocation
- Proposed new parenting schedule
Failure to send proper notice can result in:
- Denial of relocation
- Contempt
- Damage to credibility
- A negative custody decision
We draft and review relocation notices to ensure compliance with Tennessee law.
How Tennessee Courts Decide Relocation Cases
Relocation cases used to follow a simpler rule, but now Tennessee courts apply a best-interest analysis in nearly every relocation case.
Judges evaluate:
1. The reason for the move
Good reasons:
- Job opportunity
- Military relocation
- Educational opportunities
- Being closer to family or support system
Bad reasons:
- To interfere with the other parent
- To escape parenting obligations
- To retaliate or gain leverage in custody disputes
2. The child’s relationship with each parent
Courts consider:
- Level of involvement
- Past caregiving roles
- Parenting time history
- Quality of the parent-child relationship
3. The child’s educational, emotional, and developmental needs
Including:
- School stability
- Extracurricular activities
- Friendships
- Special needs
4. Practical feasibility of preserving the other parent’s relationship
Judges examine:
- Costs of travel
- Distance
- New proposed schedule
- Willingness to facilitate parenting time
5. The child’s preference (if age 12 or older)
6. Whether the move is likely to improve or worsen the child’s quality of life
7. The parents’ past and current ability to co-parent
The burden of proof is high — and the evidence must be detailed.
Strategies for Parents Who Want to Relocate
If you’re the relocating parent, your success depends on preparation.
We help you:
- Gather evidence showing a legitimate reason for the move
- Prepare employment, housing, and school documentation
- Prove involvement in the child’s daily routine
- Create a realistic long-distance parenting plan
- Show how the move benefits the child
- Address concerns about preserving the other parent’s relationship
- Present witnesses and expert testimony when necessary
Judges want reassurance that the child’s life will improve — not just the parent’s.
Strategies for Parents Opposing Relocation
If you want to prevent relocation, you must show the move would not be in the child’s best interest.
We help you demonstrate:
- Your strong involvement in the child’s life
- Harm caused by reducing your parenting time
- Instability or risks related to the proposed move
- Academic or social disadvantages
- Concerns about the other parent’s motives
- The relocating parent’s history of cooperation (or lack thereof)
We also prepare alternative schedules that highlight the child’s current stability.
Evidence That Matters Most in Relocation Cases
Because relocation cases are fact-intensive, judges rely heavily on:
- School records
- Teacher testimony
- Mental health records
- Work schedules
- Parenting calendars
- Communication logs
- Texts and emails
- Proof of daily parental involvement
- Witness statements
- Financial and employment documentation
- Travel logistics and cost analysis
The more detailed your evidence, the stronger your case.
How Relocation Affects Parenting Plans
If relocation is approved, the court will:
- Create a new permanent parenting plan
- Adjust child support
- Establish long-distance visitation schedule
- Allocate transportation responsibilities
- Assign decision-making authority
If relocation is denied, the parent who attempted to move may:
- Lose primary residential parent status
- Have parenting time reduced
- Be ordered to comply with restrictions
- Face credibility issues in future hearings
Relocation decisions often reshape custody permanently.
Post-Relocation Modifications
Circumstances may change after relocation, including:
- School issues
- Child’s preference
- Emotional or behavioral changes
- Changing job circumstances
- Travel problems
We file modification petitions when a relocation no longer serves the child’s best interest.
How We Help in Relocation Cases
Our firm provides:
- Comprehensive case evaluation
- Advice on notice and statutory compliance
- Evidence gathering
- Strategic planning
- Drafting of relocation notices and petitions
- Preparation for mediation and hearings
- Aggressive representation at trial
- Protection of parental rights and the child’s wellbeing
We understand what Tennessee judges look for and how to present relocation cases effectively.
Next Steps
Whether you’re planning to relocate with your child or fighting to keep your child close, relocation cases are among the most high-stakes disputes in Tennessee family law.
We help you protect your relationship with your child and pursue the outcome that truly serves their best interest.
Contact us today to discuss your relocation case.