Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing a family law matter, consult a licensed Tennessee attorney immediately.
A job offer in another city, a remarriage, a chance to move closer to family: the reasons a parent wants to relocate are usually good ones. What surprises many parents is that once a court has entered a parenting plan, the decision to move is no longer entirely theirs to make.
Tennessee has a specific relocation statute that controls when a parent can move with a child, how much notice the other parent is owed, and what happens if the other parent objects. Missing one of its steps can delay a move for months or cost a parent ground in a custody fight they did not see coming.
The relocation rules live in T.C.A. § 36-6-108, and the version that applies today is meaningfully different from the one many parents remember. Tennessee overhauled the statute in 2018, removing the old framework of automatic presumptions that turned on how the parents split time and replacing it with a straightforward best interest analysis whenever a move is contested.
Understanding the current law before making any plans is the single most important thing a parent considering a move can do.
Here is what the statute actually requires.
When the Relocation Statute Applies
The notice rules in T.C.A. § 36-6-108 are triggered once custody or co-parenting has been established and a parent who is spending intervals of time with the child wants to relocate either outside Tennessee or more than fifty miles from the other parent within the state. The fifty-mile measurement is from the other parent, not from the child’s current home or the county line, which catches parents off guard when a move that feels local on a map turns out to cross the threshold.
A move of a few miles to a neighboring town generally does not implicate the statute, but a parent who is unsure how the distance is measured in their situation should confirm it before assuming the rules do not apply.
The 60-Day Notice Requirement
When the statute applies, the relocating parent has to send the other parent written notice by registered or certified mail to their last known address, and that notice has to go out no later than sixty days before the intended move unless the court excuses the timing for exigent circumstances.
The notice is not a courtesy; it is the formal step that starts the legal clock, and the statute spells out what it has to contain. The notice must include a statement of the parent’s intent to move, the location of the proposed new residence, the reasons for the proposed relocation, and a statement that unless the parents reach an agreement or an objection by the other parent within thirty days of the date the notice is sent (not 30 days from when it is received), the relocating parent will be allowed to move.
The certified-mail requirement and the sixty-day timeline are the parts parents most often get wrong, usually by giving informal notice through a text message or by waiting too long because the move came together quickly. Doing it the wrong way, or too late, hands the other parent an argument and can stall the move regardless of how good the underlying reasons are.
A parent who knows a move is likely on the horizon should start the notice process early and document it properly, because the difference between a clean relocation and a contested one often comes down to whether the first step was handled correctly.
The 30-Day Window to Object
Once proper notice is sent by certified mail, the other parent has thirty days to object to the relocation. If no objection is made within that window, the relocating parent is permitted to move with the child by operation of the statute. If the other parent does make a timely objection, the move is no longer automatic, and the question of whether the relocation can go forward moves to the court, where a judge decides based on the child’s best interest rather than on either parent’s preference.
The 2018 Change
Where the 2018 change in the statute matters most, is who has the burden of petitioning the court regarding the proposed relocation. Prior to 2018, the party opposing the relocation was required to file a petition in opposition. Since the change in the statute in 2018, the party seeking relocation has the burden of petitioning the court for permission to relocate, absent an agreement by the parties within 30 days of the notice or upon timely objection by the other party.
How a Court Decides a Contested Relocation
The current version of T.C.A. § 36-6-108 directs the court to determine whether relocation is in the child’s best interest, and it lists the factors a judge weighs in making that call.
Those factors include the nature and quality of the child’s relationship with each parent and with siblings and other significant people; the child’s age, developmental stage, and needs, and the likely effect of the move on the child’s development; how feasible it is to preserve the relationship with the non-relocating parent through a workable visitation arrangement; the child’s preference if the child is twelve or older; whether the relocating parent has a pattern of either promoting or undermining the child’s relationship with the other parent; whether the move would enhance the general quality of life for both the relocating parent and the child, including financial, emotional, and educational benefits; the reasons each parent gives for seeking or opposing the move; and any other factor affecting the child’s best interest, including the general custody factors in T.C.A. § 36-6-106(a).
A judge weighs all of it together. A parent with a strong, legitimate reason to move and a realistic plan for keeping the other parent involved is in a very different position from a parent whose move would sharply cut the child off from a deeply involved co-parent. Because the analysis is fact-driven, two relocation cases with similar distances can come out differently depending on the relationships and the reasons behind the move.
Frequently Asked Questions About Parental Relocation in Tennessee
Do I need permission to move within Tennessee with my child?
It depends on the distance from the other parent. Under T.C.A. § 36-6-108, the relocation notice rules apply when a parent moves outside the state or more than fifty miles from the other parent within Tennessee. A shorter in-state move generally does not trigger the statute, but because the fifty miles is measured from the other parent, it is worth confirming where your move falls before assuming you are clear.
What happens if the other parent does not object to my move within 30 days?
If you have given proper written notice by registered or certified mail and the other parent does not object to the relocation within thirty days, T.C.A. § 36-6-108 allows you to relocate with the child. The absence of a timely objection is what makes the move automatic, which is one reason the notice has to be done correctly.
What happens if I move with my child without giving notice?
Moving without following the statute’s notice requirements exposes a parent to serious consequences. A court can order the child returned to the other parent, treat the move as a violation of the existing parenting plan, and weigh the parent’s conduct against them in any later custody decision. Skipping the process does not make the move safer; it usually makes the parent’s legal position weaker.
Can the other parent stop me from relocating?
The other parent can oppose the relocation, which prevents the move from being automatic. This forces the relocating parent to petition the court and sends the relocation question to a judge. The judge then decides whether the relocation is in the child’s best interest under the factors in T.C.A. § 36-6-108. An objection does not guarantee the move will be blocked, but it does mean the relocating parent has to persuade the court rather than simply proceed with relocation.
Does my child’s preference matter in a relocation case?
It can. Among the best interest factors a court weighs under T.C.A. § 36-6-108 is the reasonable preference of a child who is twelve or older. As with other custody questions, the child’s preference is one factor among several that is taken into account. However, the Court does not simply allow a child to make the final decision.
Does it matter how the parents currently split time?
The 2018 revision moved Tennessee away from rigid presumptions tied to how parents divided time and toward a single best interest analysis for contested moves. How the parents currently share parenting time is still relevant, because it shapes factors like the feasibility of preserving the relationship through visitation, but it no longer automatically dictates the outcome the way the older law could.
The Stakes Are Too High to Wait
A relocation case can determine whether a parent gets to take a new job, where a child grows up, and how much time the other parent keeps. The statute rewards parents who plan ahead and follow the steps, and it punishes parents who improvise.
Because the sixty-day notice, the certified-mail requirement, and the thirty-day objection window all run on fixed timelines, the window to do this right closes faster than most parents expect. A parent who is even considering a move that might cross the fifty-mile line should get advice before sending notice, not after.
Carolanne King (Partner) and
Marissa Knight (Associate) are both attorneys at Freeman & Fuson in Nashville, Tennessee, handling divorce, custody, and parental relocations across Middle Tennessee. If you are considering a move with your child or have received a relocation notice from the other parent, call our office at
(615) 298-7272.
This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.
