Parental Relocation

Freeman and Fuson handle cases involving parental relocation. Nothing is more terrifying that having your spouse move across the country with your child. Mark and Joseph have defended and pursued cases involving T.C.A. 36-6-108 and have been successful on both sides. They know the law and they know how to try a case. Contact them today if you have an issue regarding parental relocation.

Parental Relocation Notice

The Tennessee statute (T.C.A. § 36-6-108) which governs the notice to be given in connection with the relocation of a parent reads in pertinent part as follows:

If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent’s last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move.

The notice shall contain the following:

• Statement of intent to move;
• Location of proposed new residence;
• Reasons for proposed relocation; and
• Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice.

Under Tennessee law, if this notice provision is followed by the party seeking to move, then the court will analyze the facts of the case to determine 1) the amount of parenting time for each parent and 2) the reason behind the move. These cases are fact intensive and require skilled and knowledgeable lawyers to be successful.