Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Tennessee, parental relocation is governed by specific statutes that address the circumstances under which a parent may move with a child. When a parent with whom the child resides a majority of the time intends to relocate more than 50 miles from the other parent or out of state, they must notify the other parent at least 60 days prior to the move. The non-relocating parent has 30 days to file a petition opposing the move. If such a petition is filed, the court will decide whether to permit the relocation based on the best interests of the child. Factors considered include the reason for relocation, the stability of the family, the child's relationship with both parents, and the impact on the child's education and community ties. If the parents share equal parenting time or the relocating parent spends less time with the child, the court will apply a different standard, assessing whether the relocation would pose a serious threat of harm to the child that outweighs the threat of harm to the child from a change of custody. If the parents agree on the relocation terms, they can modify the custody agreement accordingly. However, if they cannot agree, the court's decision will be based on the child's best interests, with the goal of ensuring that both parents maintain a meaningful relationship with the child.