A Chattanooga relocation lawyer could help to protect the rights of parents and children during a proposed relocation. Attorneys could work with parents to participate in negotiations, to file cases in court, and to make arguments before judges to promote their goals.
Whenever two parents get divorced or are no longer living under the same roof, the family court must approve a parenting plan. These plans provide specific information concerning the care and custody of all minor children. The idea behind the plan is to provide the safest and most stable environment for a child.
However, the time may come when a move to another location may be in the best interests of that child. According to Tennessee Code Annotated §36-6-108(C)(2), the court must evaluate:
In short, the parent petitioning the court for the relocation bears the burden of showing the court that this move is in the best interests of the child and that the move will not unfairly harm the relationship between the child and the other parent. A Chattanooga relocation lawyer could help to make the case in court for or against a proposed relocation.
As mentioned above, custodial parents who wish to relocate must petition the family court to modify an existing parenting plan. This applies to any parent with any parenting time. However, this only applies if the move fits within the definition of a relocation. Under TN Code Ann. §36-6-108(a), a relocation is any move outside the state or of a distance of more than 50 miles with state borders. All other moves may be made without court approval.
To begin the relocation process, a parent must send a notice to the other parent via certified mail that outlines the reason for the move. This notice must contain the location of the proposed new residence, the reasons for the relocation, and a statement that unless the recipient objects to the move within 30 days, the filing parent has a right to make the move.
The court with jurisdiction must always approve the relocation. The factors that the court will consider have been listed above. However, in some cases, the parents may be able to come to a negotiated parenting plan that avoids much of the time, cost, and turmoil of a full court hearing. Working with a Chattanooga relocation lawyer, parents can follow the required legal procedures to give their children better opportunities.
Parents can have many reasons to relocate. They may have a better job opportunity, or the schools may be better in a new district. However, if that move involves crossing state lines or a distance of more than 50 miles, a court must approve this change. Any parent who has any custody or visitation rights with a child has the ability to object to this move, and ultimately, a family court has the final say over whether this move is in the best interests of the child.
A Chattanooga relocation attorney may be able to help parents who have questions about relocation. Attorneys could work with parents to navigate the relocations process and to file objections that preserve their rights as parents. It is essential to act quickly if you have received a notice of a potential move. Contact a Chattanooga relocation attorney today to schedule an appointment.