Divorce FAQ – Moving Out of State

06 July 2011 Categories: All Blogs, Family Law and Divorce

We have had multiple people contact our office wondering about their ability to move out of state. Tennessee law (TCA 36-6-108) regarding parental relocation states that if a parent wants to move out of state or more than 100 miles from the other parent, that parent must provide notice by certified mail at least sixty (60) days prior to the move.

That notice must state: 1) that you plan to move, 2) the new address, 3) the reasons for the move, and 4) a statement informing the other parent they have the right to file a petition within 30 days to stop the move.

If the petition is filed, the court will look at a series of factors to determine if the move is in the best interest of the child and the parents.

It is also important to look at your previous court orders before moving. Courts will often require a party to come back to court to get permission to move. This means the parent can not rely of the notice statute from above. If you have any questions or concerns about your relocation, you should contact a licensed Tennessee attorney.

McNulty & Associates offers free family law and divorce consultations. Please contact us at info@mcnultyassociatestn.com or 615-829-8250.

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