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How courts settle divorce relocation issues

On Behalf of | Mar 9, 2022 | Child Custody, Family Law

Are you divorcing in the state of Tennessee? You may be planning to move out of the state once your settlement has been finalized. However, these plans can hit a snag if there are children from the marriage. Your former spouse may block your relocation, which could result in the court needing to intervene.

What happens if you decide to move?

It is the function of a court in Tennessee to rule on any and all divorcing parent topics that come before it. One of the most common issues a court can rule on is whether a divorced parent with custody of the children can be allowed to move.

If you decide that a move is in your best interest, you must first notify the court. You must include a statement of your intent to move along with the new location you propose to move to. You must include your reasons for doing so. Once you have filed your notice, the other parent has 30 days to respond to it.

What happens if a move is disputed?

Your intention to relocate may be opposed by your former spouse. They can file a motion to block your move. If this occurs, the court will have to make a ruling on the matter.

There are a number of factors that may influence their final decision. These can include the age of the child, the financial prospects of the parent and whether the other parent can still expect to have reasonable access to visit the child.

If the court finds that the decision to relocate is in the best interest of the child, they will allow the move. If they find otherwise, they will likely issue a decision that denies the request to move.