Murfreesboro Child Custody Attorneys Protect Your Rights When a Divorced Spouse Tries to Move Far Away with Your Child
Parental relocation after divorce
Divorce often leaves former spouses and children exhausted and frustrated. However, the bright side is that a finalized divorce with an approved parenting plan allows parents and children to move on. The issues of custody, visitation rights, and responsibilities have been determined. The former spouses go their separate ways but still care for their children.
So after the time and stress associated with divorce and developing a parenting plan, nothing’s worse than when your former spouse does something to change or jeopardize the plan. Unfortunately, this happens all the time when a former spouse wants to move out of state or to a faraway city and take your child along.
At Dotson & Taylor we understand how frustrating this is to the parent who is trying to abide by a court ordered parenting plan. With more than 35 years of experience, our compassionate Murfreesboro child custody attorneys vigorously work to restrict your former spouse from modifying a parenting plan and disrupting your life and your children’s stability.
Can my former spouse move far away with our child?
You’ve got a parenting plan, so the relocating parent cannot simply pack up and move to a distant city with your child. However, what if the relocating parent wants to move far away, but keep the child custody and visitation responsibilities intact?
In Tennessee, the relocating parent cannot move out of state or more than 50 miles away from the other parent without either your consent or the court’s consent. The relocating parent has to give you notice of the move and allow you to object. If you do object, then it’s up to the court.
Don’t go into court alone. The child custody attorneys at Dotson & Taylor have unparalleled acumen in family law and child custody, and tireless advocate for your best interests and those of your child.
The court’s relocation analysis differs depending on whether or not the divorced parents spend substantially equal time with the child. If the parents spend substantially equal time with the child, the court makes a decision based on the best interest of the child, and considers relevant factors including:
Existing visitation rights — Have the parents cooperated to allow and exercise the current visitation rights?
Likelihood of future compliance — Once the relocating parent has moved far away, how likely is it that the parent will comply with the visitation arrangement?
Stability of the child’s life — How much will a move disrupt the child’s life, including where the child attends school, and length of time a child has lived in the current community.
Child’s preference — If the child is 12 years or older, what reasonable preferences does the child have?
If the parents do not spend substantially the same amount of time with the child, then the court’s analysis depends on the parent that is relocating. If the parent who wants to move is spending the lesser time with the child, that parent may not relocate with the child unless the court modifies the parenting plan.
However, if the person relocating is the parent spending the greater amount of time with the child, then the court may allow it upon consideration of relevant factors. For example, is there a reasonable purpose for the relocation, or is the parent just being vindictive against the other parent? If the child has special medical or educational needs, does the new location provide for these? Would such a move cause severe emotional detriment to the child?
What if the court denies a move, and the relocating parent moves anyway?
If a parent moves away from the other parent and child, then the court re-evaluates the parenting plan, and may modify custody and visitation rights, all with the goal of respecting the best interests of the child.
Call an experienced Murfreesboro child custody lawyer today for a free consultation
You’ve been through the divorce and court ordered parenting plan. Now your former spouse wants to pack up and move far away. You have to head back to court to ensure that your custody and visitation rights are observed, and the best interests of your child remain. You don’t need this headache—let the Murfreesboro child custody attorneys at Dotson & Taylor guide you through the process. With unwavering commitment to you and your child, we robustly represent your interests when it comes to parental relocation. Contact us at any hour of the day at 615-890-1982 or by e-mail. We represent clients in Murfreesboro and throughout the counties of Rutherford, Williamson, Cannon, Dekalb, Warren, Coffee, Bedford, Maury, Sumner, Robertson and Cheatham.