The Tennessee Parental Relocation Act: Winning or Defeating a Move-Away Custody Petition

Relocating with a child after a divorce or custody determination is one of the most heavily litigated issues in family law. If you are a parent hoping to move for a better job, or a parent trying to stop your ex from taking your child across the country, understanding Tenn. Code Ann. § 36-6-108 is absolutely critical. A simple mistake, such as failing to send the right letter on time, can ruin your case before it even begins.

Because the stakes are so high and the timelines are incredibly strict, we strongly encourage you to browse our directory to find a local Tennessee family law attorney. An experienced lawyer can help you draft a proper notice or quickly file a petition in opposition to protect your relationship with your child.

The 50-Mile Rule in Tennessee

Under Tenn. Code Ann. § 36-6-108, the state's relocation laws apply if a parent who spends time with the child wants to move outside of Tennessee or more than 50 miles away from the other parent within the state. This 50-mile threshold is measured in a straight line (as the crow flies) from the non-relocating parent's home, not by driving distance. If your intended move falls within this definition, you cannot simply pack up and leave without court approval or written consent from the other parent.

Strict 60-Day Written Notice Requirements

The law demands that the relocating parent send a formal written notice to the other parent no later than 60 days before the intended move. This notice must be sent via registered or certified mail. A text message, email, or casual conversation does not count. The notice must explicitly state your intent to move, the proposed new address, the specific reasons for the relocation, and a mandatory legal warning that absent agreement between the parents or an objection within 30 days of the date notice is sent, you will be permitted to move by law.

Burden of Proof: Equal vs. Unequal Time

Historically, Tennessee courts heavily weighed whether the parents shared equal or unequal time when assigning the burden of proof. If a parent spent substantially more time with the child (unequal time), the burden was on the objecting parent to prove the move had no reasonable purpose or would pose a threat of specific harm. If the parents shared roughly equal time, the relocating parent had to prove the move was in the child's best interest. While modern legislative updates have simplified the statute to focus purely on the best interest of the child in all cases, the amount of time you currently spend with your child remains one of the most critical factors the court evaluates. The judge will heavily scrutinize your current custody arrangement to determine how the move will impact the child's established routine.

How to Formally Object to a Relocation

If you receive a relocation notice, the clock starts ticking immediately. Under Tenn. Code Ann. § 36-6-108, you have 30 days from the date notice is sent (not when you receive it) to reach an agreement or send a written objection to the relocating parent. You do not have to initiate a lawsuit yourself to block the move; delivering a timely objection stops the relocation from proceeding automatically. If an objection is made or the parents cannot agree on a new schedule, the burden shifts to the relocating parent to file a petition in court seeking approval for the move. Once that petition is filed in the county where your original custody order was entered, such as the Davidson County Circuit Court, Nashville or the Shelby County Chancery Court, Memphis, you have 30 days to file a formal response in opposition. If you fail to object within 30 days of the date the notice was sent, the court will likely permit the other parent to relocate with the child by default.

Common Reasons for Relocating

The court will evaluate the underlying reasons for the move to determine if it truly benefits the child's life.

Moving for a New Job

A career advancement is a common and generally valid reason for relocation. However, you must prove that the new job offers a significant financial or career benefit that cannot be found locally. A small pay bump may not be enough to justify pulling a child away from their other parent.

Moving for a Spouse

If you have remarried and your new spouse is transferred out of state, courts will weigh this heavily. However, the court will still prioritize the child's bond with the non-relocating parent over the convenience of your new marriage.

Military Transfers

Military families face unique challenges. If a parent receives permanent change of station (PCS) orders, Tennessee courts understand this is mandatory. The court will work to establish a long-distance parenting plan that ensures the non-relocating parent receives extended visitation during summers and holidays to compensate for the distance.

How Much Does a Relocation Case Cost in Tennessee?

Litigating a relocation case is essentially a full custody trial, which requires significant legal preparation.

How Long Does the Process Take?

If the parents can reach an agreement through mandatory mediation, a new long-distance parenting plan can be approved in 30 to 60 days. However, if the case goes to a full trial at a court like the Knox County Circuit Court, Knoxville, the process can easily take 6 to 12 months, during which time the child generally must remain in Tennessee.

Frequently Asked Questions (FAQ)