Can I move out of state with my child?

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If you have a custody order in place, whether a child is born out of wedlock or you have a parent parenting plan from a divorce, there is a statute in place that is the parental relocation statute. If you already have a custody order in place, you must comply with that statute prior to relocating out of state with your children. The way that works in Tennessee is you simply send a notice to the other parent that you intend to relocate, where you intend to relocate, and why you intend to relocate. If the other parent and you

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agree that you can relocate and you agree on a new custody order or a new parenting plan that lays out the schedule post relocation, you can submit that to the court and the court will approve it. If you don’t agree, then the person who is intending to relocate must petition the court to get permission for the relocation. And if the court approves that relocation, the court will need to adopt a new parenting plan or a new custody order that lays out the new residential schedule post relocation.

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