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What if your ex-spouse wants to relocate with your children?

On Behalf of | Oct 23, 2022 | family law

What do you do if you are divorced, and your ex-spouse wants to relocate with your children? Can you stop them from moving away? What are your rights?

While it can be a difficult situation to navigate, there are certain steps you can take to protect your children’s best interests. 

The process of relocating

In Tennessee, if a parent wants to relocate more than 50 miles away with their child, they must first provide notice to the other parent. The notice must be given at least 60 days before the planned relocation, and it must include specific information about the move, such as:

  • A statement regarding their plan to move
  • The date of the move
  • The new address
  • The reason for the move. 

Additionally, the parents are required to revise their visitation schedule.

Once notification has been given, the non-custodial parent has 30 days to file an objection with the court. The parent can base their objection on one of the following:

  • There is no purpose to relocate
  • Moving would cause specific and serious harm to the child
  • The relocating parent is moving out of vindictiveness

If you are facing the prospect of your ex-spouse relocating with your children, you may wonder what options are available. In some cases, you may be able to reach an agreement with your ex-spouse.

But if that’s not possible, then you will want someone to advocate on your behalf. They can file a motion with the court and present evidence as to why the relocation would not be in the best interest of your children. As a parent, protecting your rights and maintaining a close relationship with your child is vital.