If you are living in Nashville, TN and want to move to another state with your child after divorce, Tennessee law has specific rules you must follow before you go. Moving without following the correct process can have serious legal consequences, including being ordered to return and losing parenting time.
Tennessee's relocation statute applies whenever a parent who has primary residential custody wants to move more than 50 miles from the other parent. Understanding how this process works — and what the other parent can do — is the first step to making a sound decision for your family.
What Does Tennessee Law Say About Relocating With a Child After Divorce?
Tennessee law requires a parent who wants to relocate to give written notice to the other parent at least 60 days before the planned move. This requirement applies when the move is more than 50 miles from the other parent's residence, regardless of whether the destination is within Tennessee or out of state. An attorney can confirm the exact rules that apply to your specific parenting plan and court order.
The notice must be sent by certified mail and must include the proposed new address, the reason for the move, and a proposed revised visitation schedule. Leaving out any of these details can create problems and may delay your plans.
What Happens After I Send the Required Notice?
Once you send the 60-day notice, the other parent has 30 days to object in writing. What happens next depends on whether they object and what your current parenting arrangement looks like.
- If the other parent does not object within 30 days, the relocation may proceed without a court hearing in many cases.
- If the other parent objects, a court hearing will be scheduled and a judge will decide whether to allow the move.
- If there is no established parenting plan, the court may treat the situation differently, and legal guidance is strongly recommended.
An attorney familiar with Davidson County family courts can help you understand what to expect based on your specific order.
How Does a Tennessee Court Decide Whether to Allow the Relocation?
A Tennessee judge evaluates relocation requests based on whether the move is for a legitimate purpose and whether it is in the child's best interest. The analysis the court uses can differ depending on how parenting time is currently divided between you and the other parent.
When one parent has significantly more parenting time, the court generally focuses on whether the move is for a reasonable purpose that is not meant to interfere with the other parent's relationship with the child. When parenting time is roughly equal, the court applies a broader best-interest analysis. The following are among the factors courts commonly consider:
- The reason for the move, such as a new job, remarriage, or family support
- The reason for any opposition from the other parent
- The history of each parent's involvement with the child
- The child's relationships with siblings, extended family, and community in Nashville
- The child's age, needs, and any special circumstances
- Whether a revised parenting schedule can preserve the relationship with the non-relocating parent
Can I Relocate If I Share Equal Parenting Time With the Other Parent?
When parents share equal or substantially equal parenting time, Tennessee courts apply a full best-interest analysis before allowing a relocation. In this situation, the relocating parent generally has the burden of showing the move serves the child's best interest, which is a higher standard than in cases where one parent has primary custody.
If you and your co-parent share roughly equal time with your child and you want to move out of state, expect a more involved court process. Preparing a detailed proposal — including a new visitation schedule and a plan for travel costs — can strengthen your position.
What Are the Risks of Moving Without Following the Process?
Relocating without providing proper notice or without court approval when required can lead to serious legal consequences. A Nashville family court judge may view an unauthorized move as a violation of the existing custody order.
Common consequences of moving without permission can include:
- Being ordered by the court to return with the child immediately
- A modification of the custody arrangement in favor of the other parent
- Being held in contempt of court, which can carry fines or other penalties
Even if you believe your reason for moving is completely valid, the legal process still applies. Skipping steps rarely works in a parent's favor.
Can the Other Parent Stop My Relocation?
The other parent can file an objection, but filing an objection does not automatically block the move. A court will ultimately decide whether the relocation is permitted, based on the factors described above and the evidence both parents present at a hearing.
If the other parent objects, you will likely need to appear before a judge in Davidson County or the county where your order was entered. Having a family law attorney represent you at that hearing gives you the best chance of presenting your case clearly and completely.
Frequently Asked Questions About Child Relocation After Divorce in Tennessee
These are some of the most common questions parents in Nashville, TN ask about relocating with a child after divorce.
Do I need court approval before I move out of state with my child?
Not always automatically, but you must give proper written notice first. If the other parent objects within 30 days, you will need court approval before relocating. An attorney can review your specific order.
What if the other parent agrees to the move?
If both parents agree, you can often formalize the new arrangement through a written consent order. Having the agreement approved by the court protects both parents and avoids future disputes about the move.
Does my child get a say in whether we relocate?
A Tennessee court may consider a child's preference, particularly for older children, but the child's opinion is just one factor. The judge's primary focus is always the child's overall best interest, not the child's preference alone.
What if my situation is urgent and I need to move quickly?
In genuine emergencies, a court may consider expedited relief, but this is not a way to skip the notice requirement. Talk to a family law attorney in Nashville right away if you face a time-sensitive situation.
If you are facing a relocation decision in Nashville, TN and want to understand your options, FindCounselNow can connect you with an independent, licensed family law attorney for a free case review — so you can get clear information about your specific situation before taking any steps.