Moving Away And Child Custody

Although the desire to relocate is common as a result of work changes, family obligations or military placement, moving out of state is no simple matter for those who are in active parenting agreements. There are strict laws governing parental relocation, regardless of whether the proposed move is with or without the children.

At Mathis, Bates & Klinghard PLLC (MBK) in Clarksville, our attorneys handle custody modifications for clients seeking relocation and for those contesting this type of relocation, including military custody issues involving custody during deployment. We have the experience and knowledge to protect your interests and the interests of your children.

Parental Relocation Law In Kentucky And Tennessee

It is common for parents to need to relocate after a divorce or separation due to new employment, military permanent change of station or other life changes.

If the relocating parent has entered into a parenting plan with the other parent or there is pending litigation regarding divorce or custody the relocating parent will be required to comply with the home state's Parental Relocation Law. Both Tennessee and Kentucky child custody laws have several provisions associated with parental relocation. In some cases, a state court may delay or prevent a parent from relocating with the child if an objection is raised or notice is not properly given.

After parents receive a court order for custody or have negotiated a parenting plan, either parent might want to change the arrangement because of an impending move. Tennessee and Kentucky parental relocation laws include several requirements that the relocating parent must meet before actually relocating. If the custody proceeding or Order was entered in Tennessee the relocating parent must provide proper notice to the other parent if the relocation is out of state or more than 50 miles from the current residence.

In Kentucky, the obligation is triggered if the relocation is out of state or more than 100 miles away from the current residence. Both Tennessee and Kentucky require written notice to the other parent at least 20 days before the move. This written notice requires the relocating parent to provide specific information to the other parent about the purpose, location and time frame for the relocation along with the statutory right of the other parent to object to the relocation. If the parents don't agree to an updated custody and visitation arrangement, the parent who plans to move must file a petition in state court and obtain court approval.

Parental relocation issues can be complicated and have lasting consequences, including loss of custody, if not followed properly. Allow the experienced attorneys at Mathis, Bates & Klinghard PLLC to assist you in all your custody or family law issues.

Contact MBK

To discuss child relocation with a lawyer from our firm, call 931-444-3153 or email us.