**SPONSORED CONTENT BY DIVORCE INCORPORATED**

In today’s economy and the fluid lifestyle it produces, many parents find themselves with the dilemma “How do I work out a long distance parenting plan?” When two parties divorce and a Permanent Parenting Plan is ordered, the parents may feel that they have a sense of permanency. However, this is simply not the case. People are constantly moving, whether it be for marriage; or a new job; or to be close to family; or to be close to medical treatment; or for better schools; or for any other number of reasons.

What happens when one parent decides he or she is ready to move and wants to take the child with her? Tennessee law has a fairly complicated formula for how to address the issue. However, the overriding principle of the parental relocation statute is to let the parent who wants to relocate move. In Tennessee, courts must apply two different standards in parental relocation situations (these situations occur when one parent wants to relocate more than fifty (50) miles from his or her current residence). The two tests are based upon how much time each parent is actually spending with the child or children. If the parties are in a more traditional situation, where the alternative residential parent parents the child 100 or less days per year, the statute all but mandates the court allow the primary residential parent to move, so long as there is a reasonable purpose for the move and the move is not intended to deprive the alternative parent of parenting time. In short, it is a very easy case for the primary residential parent.

The cases become a little more complicated when the parties are spending “substantially equal” amounts of time with the child or children. The courts are divided as to what “substantially equal” means; however, you should assume that it means exactly what it says, “equal”. If you and your spouse are spending equal amounts of time with the child, then the court must determine who will have primary residential parent status of the child, which is a best interests standard. There is no presumption that the party proposing to move should be allowed to move. The burden of proof does not shift to the relocating parent, but it does not weigh in her favor either. The parties are in a position of equality.

Obviously, the best solution is to sit down with an experienced family law attorney, who can help you determine whether to fight a move and suggest possible alternatives. Permanent Parenting Plans are very flexible and can be drafted to maximize your parenting time regardless of where you are in relation to your child.

Daniel P. Bryant
Attorney at Divorce Incorporated
318 Franklin Street
Clarksville, TN 37040
(931) 896-2400