Can I Move Myself and My Child Out of State With No Child Custody Agreement in Tennessee?

If you’re considering moving out of Tennessee with your child and there’s no formal custody agreement in place, you’re in legally murky waters. As a Chattanooga family law attorney, I’ve seen many parents deal with this situation.

Just because there’s no custody agreement doesn’t mean you have free rein to move wherever you want with your child. In Tennessee, both parents have equal rights to their children until a court order says otherwise. This means that if you move without the other parent’s consent or a court order, you could be accused of parental kidnapping. Yes, it’s that serious.

Here’s what you need to know to protect yourself and your child.

Parental Rights Without a Custody Order

In Tennessee, when there’s no court order regarding custody, both parents have equal rights to the child. This is based on Tennessee Code Annotated § 36-6-101(a)(2)(A)(i), which states:

“Except as provided in this part, neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody is established, but the court shall have the widest discretion to order a custody arrangement that is in the best interest of the child.”

This means that neither parent has a superior right to determine where the child lives.

What Tennessee Law Says About Parental Relocation

Even without a custody order, Tennessee’s parental relocation statute (T.C.A. § 36-6-108) still applies. This law requires a parent who wishes to move with the child to provide written notice to the other parent. Specifically:

1. The notice must be mailed no later than 60 days prior to the move.
2. It must contain the following information:
   • Statement of intent to move
   • Location of proposed new residence
   • Reasons for proposed relocation
   • Statement that the other parent may file a petition in opposition to the move within 30 days

If the other parent opposes the move, they have the right to file a petition with the court. The court will then determine whether to allow the relocation based on the best interests of the child.

Reasons Why Judges Grant or Deny Relocation in Tennessee

When making this determination, the court will consider various factors outlined in T.C.A. § 36-6-106(a), including:

1. The strength, nature, and stability of the child’s relationship with each parent
2. Each parent’s past and potential for future performance of parenting responsibilities
3. Refusal to attend a court-ordered parent education seminar
4. The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care
5. The degree to which a parent has been the primary caregiver
6. The love, affection, and emotional ties existing between each parent and the child
7. The emotional needs and developmental level of the child
8. The character and physical and emotional fitness of each parent
9. The child’s interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child’s involvement with the child’s physical surroundings, school, or other significant activities
10. The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
11. Evidence of physical or emotional abuse to the child, to the other parent, or to any other person
12. The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child
13. The reasonable preference of the child is twelve (12) years of age or older
14. Each parent’s employment schedule

These factors show that judges take a thorough approach when considering relocation cases. It’s all about ensuring the best outcome for your child.

At The Law Office of Sam Byrd, we’ve successfully helped many parents navigate this process. We know how to present your case effectively, emphasizing the factors that matter most.

Whether planning a move or responding to one, we’re here to help you understand your options and move forward confidently.

What Happens If You Move Without Court Approval in Tennessee?

Moving without proper notice or court approval could have serious legal consequences. It could be considered parental kidnapping under T.C.A. § 39-13-306, which states:

“A natural or adoptive parent commits child abduction who: (1) Removes the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205, the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or court order regarding the custody or care of the child…”

Next Steps for Moving Out of State with Your Child in Tennessee

If you’re considering moving out of state with your child and there’s no custody agreement in place:

1. Provide written notice to the other parent as required by law.
2. If the other parent doesn’t object, it’s still advisable to get their consent in writing.
3. If the other parent does object, be prepared to demonstrate to the court why the move is in the child’s best interest.
4. Consider filing for a custody determination before moving to clarify your rights and responsibilities.

Remember, every situation is different. At The Law Office of Sam Byrd, we can help you navigate these complex laws and work towards a solution that protects your rights and your child’s best interests.

Don’t risk legal complications – reach out to us to discuss your specific situation.