Legal Question in Family Law in Tennessee

Custodial Parent Moving out of state

Can the custodial parent, who shares joint custody, move from TN to California with the children without permission from the non-custodial parent. Divorce terms state that Custodial parent can not take children across state line without knowledge of Non-Custodial parent.


Asked on 3/23/07, 12:10 pm

1 Answer from Attorneys

Scott Justice The Law Offices of Scott Justice

Re: Custodial Parent Moving out of state

Parental relocation is governed by T.C.A. 36-6-108. A relocating parent must give 60 days written notice to the other parent prior to the move. The notice must state: your intention to relocate, where you are moving, the reasons you are moving, and notify the other parent that they may file a petition to oppose the move within 30 days. The way the court handles the situation depends on how much time each parent spends with the child. I would need more facts to determine which standard your specific case falls under.

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Answered on 3/23/07, 9:01 pm


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