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Franklin, United States

English
Crocker & Crocker, Attorneys at Law is a full service law firm located in Downtown Franklin, Kentucky. The firm’s practice is structured around representation in personal injury and wrongful death, civil litigation, criminal law, employment matters, family law, and related transactional and...
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When a move with your child needs court approval in Franklin

In Franklin, Tennessee, parental relocation issues arise when a parent subject to a custody order plans to move with a child. Tennessee law generally covers moves outside the state or more than 50 miles from the other parent within Tennessee.

Franklin is in Williamson County, but relocation rules come from Tennessee law. The court handling the existing custody case and parenting plan is usually the starting point for filing or seeking guidance about a proposed move.

In many cases, the relocating parent must give formal advance notice. If the other parent objects on time, the court may have to decide whether the move is permitted under the statutory test or serves the child’s best interests.

Why you may need a parental relocation lawyer

  • You plan to move from Franklin to another state for work, family support, or housing and need to meet Tennessee’s notice requirements.
  • You are considering a move elsewhere in Tennessee and need to know whether the distance from the other parent triggers the relocation statute.
  • The other parent has objected to a proposed move, and you need to respond before the statutory deadline.
  • You received relocation notice and believe the move would harm your relationship with your child or disrupt the parenting plan.
  • Your proposed move would require changes to school arrangements, transportation, holidays, or the existing parenting schedule.
  • You need to relocate quickly because of safety concerns, but your custody order or parenting plan does not address an urgent move.

Tennessee laws that govern parental relocation

Tennessee has statewide rules for parental relocation; Franklin does not have a separate city relocation statute.

  • Tennessee Code Annotated § 36-6-108, Parental relocation: Generally requires written notice at least 60 days before a covered move. The other parent generally has 30 days after receiving notice to file an objection. A 2018 amendment, effective July 1, 2018, revised the standards courts apply when parents dispute relocation.
  • Tennessee Code Annotated § 36-6-404, permanent parenting plans: Provides for permanent parenting plans in cases involving custody and parenting time. A relocation may require changes to the plan, including schedules and transportation arrangements.

When parents spend substantially equal time with a child, the court considers the child’s best interests. When time is not substantially equal, the statute sets grounds on which the other parent may oppose the move, including lack of a reasonable purpose, specific and serious harm, or a vindictive motive.

Frequently asked questions

Does Tennessee law cover every move from Franklin?

No. The relocation statute generally applies to a move outside Tennessee or a move more than 50 miles from the other parent within Tennessee. A shorter move may still affect the parenting plan, so review the order before changing the child’s routine.

How much notice must I give before moving with my child?

For a move covered by the statute, the relocating parent generally must send notice at least 60 days before the intended move. The statute specifies formal delivery requirements, so a lawyer can help ensure the notice is properly sent and documented.

How long does the other parent have to object?

The other parent generally has 30 days after receiving the notice to file a petition opposing relocation. Missing the deadline can affect the right to object under the statute, so act promptly if you receive notice.

Do I need the other parent’s permission to move?

Not necessarily. If the other parent does not file a timely objection, the statute generally permits the move, subject to the existing court order. If there is an objection, the court may need to decide the dispute.

What if we agree about the move?

A written agreement can help avoid a contested hearing, but it should address the child’s schedule, travel, holidays, and related costs. Depending on the existing order, the parents may need court approval to modify the parenting plan.

What happens if the other parent contests the move?

The court applies the statutory test based on how parenting time is shared and the circumstances of the proposed move. Evidence about the child’s needs, the reason for moving, and the practical effect on parenting time may matter.

Can I move before the court decides an objection?

Moving before the dispute is resolved can create legal and practical risks, particularly if it conflicts with the custody order. Get advice about the order and any pending court deadlines before changing the child’s residence.

What if there is no custody order or parenting plan?

Section 36-6-108 addresses relocation after a custody decree. Without an order, other custody and jurisdiction issues may need to be addressed first, so obtain advice before making a move that changes the child’s residence.

How long does a contested relocation case take?

There is no fixed statewide resolution time for a contested case. The schedule depends on the court’s calendar, the evidence required, and whether the parents reach an agreement.

How much does a relocation lawyer cost in Franklin?

Fees vary by lawyer and by the work required, such as reviewing an order, preparing notice, negotiating, or appearing in court. Ask for the fee arrangement, likely additional costs, and the scope of representation before hiring.

Is hiring a lawyer required?

Parents can represent themselves, but relocation disputes involve deadlines, court orders, and fact-specific legal tests. A lawyer can assess the applicable standard and help present evidence or negotiate a workable parenting plan.

Official resources

  • Tennessee General Assembly: Publishes Tennessee statutes, including the current text of the parental relocation and permanent parenting plan provisions.
  • Williamson County courts and court clerks: Provide local court information and case-filing guidance. Contact the court handling the existing custody case to confirm where relocation papers should be filed.
  • Tennessee Administrative Office of the Courts: Provides statewide court information and resources about Tennessee court procedures.

Next steps for finding and hiring a lawyer

  1. Today: Find the current custody order and parenting plan. Note which court issued them and any provisions about moving, notice, or travel.
  2. Within a few days: Write down the proposed destination, planned move date, reason for moving, and likely effect on the child’s schedule.
  3. Promptly: If you received relocation notice, record the date and method of receipt and calculate the 30-day objection deadline.
  4. Within one week, if practical: Contact Tennessee lawyers who handle custody and parental relocation cases in Williamson County. Ask about similar cases and availability before any deadline.
  5. Before hiring: Compare written fee terms, who will handle the case, expected costs, and what work is included.
  6. After choosing counsel: Share the order, parenting plan, notices, proposed schedule, and relevant communications. Agree on a plan for meeting deadlines and discussing settlement.

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