The court continues to have jurisdiction over custody orders, which means that any application to amend the permanent parenting plan is not an easy matter of substance or procedure. Don`t skip the legal and parental aspects of moving. Before finalizing the plans developed for the move, and certainly before loading the moving van, parents on both sides of the moving problem should know that there are rules, a notification requirement, and a legal process. The following will help if you`re moving out of town under Tennessee`s new parental relocation law. Before discussing further, it is important to note that parents can legally move to any desired location without geographical restrictions. Texas custody laws only apply to children under the relocation clause of the law. In this case, custody of the child is transferred to the other parent. As we have seen below, a notable court decision from 2017 was followed by Public Chapter No. 853 (H.B. 1666), signed by Governor Haslam on May 3, 2018.
As amended by P.C. 853, T.C.A. § 36-6-108 entered into force on 1 July 2018. Note the date! A significant departure from the previous law, p.C. 853, changed the landscape of parental relocation from Tennessee`s General Custody Act. Today, the focus is on the well-being of the child. Not a single survey is mentioned on the purpose of the parents` move. Far. With respect to child custody and relocation, the aptly named case in North Carolina is Frey v. In other words, many parents misunderstand how Tennessee`s Parent Relocation Act applies to them, whether they are primary residential parents or alternate residential parents who are trying to stick to a parenting schedule (sometimes called a visitation).
In fact, this area of guarding is very complex with many potential pitfalls for the unwary. It is almost always best to first file the application for custody and have it heard before moving. This shows your respect for the trial and for the other parent. Most importantly, it shows your willingness to act in the best interests of children. Is turning away from everything familiar to him really in the best interests of the child? How does the move affect parenting time and the ARP`s relationship with the child? What objections may be raised by the other parent company if it opposes this decision? If possible, consult an experienced attorney to consider moving well before making binding commitments, such as signing .B a lease or terminating a job to hold employment outside the state. Tennessee`s Parent Relocation Act, along with its state control law, is only triggered when certain changed circumstances occur. These circumstances often present difficulties for parents, their lawyers and the judges hearing these cases. In fact, many judges consider parental relocation cases to be one of the most difficult to assess. The move may not be on a parent`s radar right after the divorce or when making the first custody decisions.
But changing circumstances and raising children go hand in hand, especially with divorce or legal separation. Parents make serious decisions about moving for a number of reasons: employment opportunities, availability of housing, remarriage, university transfers, military reassignments, proximity to family members, and health reasons, among others. Before asking the court to change an already hard-won custody arrangement that works, there are important questions to answer. Realistically, there`s nothing extraordinary about a parent`s desire to move into a new home at any time after the divorce – perhaps in a nicer neighborhood or a more spacious home. Life goes on. But if the distance goes beyond simply moving from Collierville to Bartlett or from Eads to Germantown, compliance with Tennessee relocation law may be required. You can create a parenting plan that takes into account that your children are moving and change the visits so that you can always spend time with your children. Click here for help with parents` plans. As long as custody orders are in place, the moving parent must know when their activities may require notice from the other parent. While we generally think about the relocation of children by the custodial parent, many resettlement cases in Tennessee involve the relocation of the non-custodial parent and its impact on parenting time, transportation costs, and the well-being of the children. An out-of-state custody agreement may designate one of the parents as the sole custodian of the child and grant access rights to the non-state parent.
The court may also use other methods as part of a new custody arrangement, such as. B the inclusion of the “virtual visit” or electronic communication between the extra-state parent and the child. Any parent who plans to move with the child — either outside of Tennessee or more than 50 miles from the other parent if they are in the state — must notify the parent who is not moving pursuant to T.C.A. § 36-6-108(a). Parents are encouraged to arrange a new visiting schedule. However, if there is no revised schedule and the stationary parent objects are launched, a procedure for modifying the permanent parental plan will be initiated. What`s next? For more information about court proceedings and parental rights and duties, see the discussion on the Tennessee Parent Relocation Act. To stay with this example, let`s change the facts. Now the children`s father only has visits every other weekend, half of the holidays and for two weeks in the summer. The order is silent for one of you who leaves the state. So what if a parent has to leave the state? What do you do first? However, according to Texas custody laws, leaving the designated state or district with your children in tow is a very different issue. When it comes to children`s resettlement laws in Arizona, the authoritative law in Arizona is A.R.S.
§ 25-408 and applies whenever “by written agreement or court order, both parents are entitled to custody or parental leave and both parents reside in the State … In such a relocation case, the judge considers the impact that the proposed move will have on the child in the light of the following aspects: by applying the case law with somewhat inconsistent results, the trial judges were tasked with determining whether the parent`s move was in the best interests of the child, whether certain facts warranted a change of custody, whether the evidence of parental alienation was vindictive, or whether a reasonable purpose was resettled by the relocation, and so on. Ex parte custody lawsuits are allowed so that parents cannot jump from state to state with their children. To avoid this problem, the court of the State in which the child has resided for six months has jurisdiction. Otherwise, there would be no way to control the movement of children or determine which state could issue custody orders. The legislative intent behind the Tennessee Parent Relocation Act is, in large part, to prevent a parent from catching and moving the child or children without the consent of the non-moving parent and the court. The law aims to maintain the best interests of the child as the top priority in deciding whether resettlement is appropriate. Keep in mind that while the physical custody label (“together” or “alone”) that you agree to in your parenting agreement is important, in the event of a dispute, the court usually reviews the actual parenting plan at the time of the move, rather than relying on the schedule that the parents included in their parenting agreement. In general, a state can make a custody decision about a child if 1 of the following applies: What if there is no violence, but you have a financial crisis? Financial problems are always a concern of parents. If you have to move due to unexpected and uncontrollable financial issues, you may feel like you need to move immediately and have a custodial hearing later. This can be difficult, especially if the court believes your financial problems have been self-imposed.
You could still face the other consequences we discussed above. It`s best to talk to a lawyer before you move, even in a financial emergency. It`s also important to note that custody is decided in the state where your divorce was filed (and where your child lived in the six months prior to the divorce), regardless of where you and the child will live. Tennessee`s Parent Relocation Act only applies to post-divorce move or post-custodial move. .