**SPONSORED CONTENT BY DANIEL P. BRYANT, DIVORCE INC.**
We often get calls from terrified parents wondering if it is legal for their spouse, former spouse, or ex-boyfriend/girlfriend to move out of state and take their child/children with them. The answer can be somewhat complicated, and like a lot of issues with the law, it depends. If the caller is legally married to the other parent and no action has been filed in court, then both parents have a legal right to take their children anywhere they want without permission from the other parent. It is important when you are considering a divorce with children to get the complaint filed with the court as soon possible. Every divorce, once filed, causes a temporary injunction to issue that prevents both parents from relocating more than one hundred (100) miles away or out of state with the child without permission from the other parent or the court.
Unmarried parents are protected under Tennessee’s Parental Relocation statute IF the initial custody of the child has been determined. The Parental Relocation Statute ,Tenn. Code Ann. § 36-6-108, states that the parent relocating must give the other parent written notification sixty (60) days prior to any move of fifty (50) miles or more. The parent who wants to relocate must also include the purpose for the move, where the parent is moving, and notification that the other parent has thirty (30) days to file an objection to the move through the Court. The moving parent then has the opportunity to file a petition to attempt to block the move.
As a parent, should you decide to move or if your child’s other parent decides to move, it is important to speak with your attorney quickly to know your rights and obligations.
By Daniel P. Bryant, Attorney at Law
Daniel P. Bryant is an attorney in the Clarksville offices DIVORCE INCORPORATED, Tennessee’s Family Law Firm. His primary areas of practice are divorce, family and juvenile law litigation. Attorney Bryant may be contacted at 931-896-2400 or dbryant@divorceincorp.com.