Relocation and Child Custody

After a public affair and falling out, Natalie Portman and Benjamin Millepied have, reportedly, ended their nearly 12 year marriage and finalized their divorce. The pair had been living in France with their two children. The relationship has always been somewhat in the public eye, as Ms. Portman and her ex-husband met in the making of “The Black Swan,” a film for which Ms. Portman earned many accolades for her role as a troubled premier ballerina. Mr. Millepied worked as Ms. Portman’s choreographer on the film, and it was, perhaps, a desire to escape some of the publicity surrounding their celebrity that led them to setting up their household in France.

Now that the couple is divorced, it would be unsurprising if one, or both, of the exes chose to leave the immediate area where they had been living. Given their work in the entertainment industry, anywhere in the world could be on the radar. While not reports of a relocation have been made – the idea of moving after a divorce is not new. And many parents have wrestled with the difficulty of navigating through such a move while considering how it will effect your children and your co-parent.

Tennessee considers an out of area move to be a major life decision, one that can have an untold impact on the life and development of young children. This is easily one of the most challenging issues that families face while going through a divorce or family restructure. This article will discuss how relocation can affect child custody and some of the important items to consider as you move forward.

Tennessee Legal Requirements

Each state has developed its own rules surrounding what is required before a parent can move out of the area. In Tennessee any parent who has either custody or parenting time with a minor child and wishes to relocate outside of the state, or more than 50 miles from the other parent, must give written notice of their intent to move. This notice must be given to the child’s other parent at least sixty days prior to the desired relocation date. The notification must be sent via certified mail with a return receipt requested. It is not enough to, for example, mention the desire to move in a phone call, or send a text or email with the information.

The sending of this notice will trigger one of two things: either the parents need to work between themselves to come up with a parenting arrangement that will work with the new distance in mind: or, the other parent can choose to oppose the move and file an official petition of opposition with the courts.

Now, opposing the move does not mean that the move cannot and will not happen. However, what it will do is stop the other parent from moving without receiving approval from the court.

Please do not underestimate the importance of giving this notice. You cannot bypass taking the appropriate steps in situations like this. Serious consequences can happen if a parent does not take the appropriate steps above.

Child’s Best Interest

If the courts find themselves in the position to determine whether to approve a parent’s move with a child, their measuring stick will be – as always – what serves the best interests of the child? A major move would disrupt a child’s established routine, school, daycare, etc. Not to mention it could impact their ability to access the other parent. The courts will also consider the reasons and benefits to the child inherent in the move. Such as the parent’s ability to secure employment, and alternative methods of staying in touch with the other parent.

Mediation

Parents will, generally, always be permitted the opportunity to come to an agreement between themselves of what their parenting plan and custody agreement will look like. If parents are able to work out an agreement between one another, utilizing tools such as mediation, when appropriate, both parents are often happier with the end result. Litigation is also, at times, the best option available to parents. An experienced divorce and child custody attorney can help you understand the options available to you and help you chart your path forward.

Contact Fort, Holloway & Rogers

The experienced Franklin child custody lawyers at Fort, Holloway & Rogers are standing by to help you analyze your next steps forward. Contact our office today.

Sources:

ca.style.yahoo.com/natalie-portman-finalizes-divorce-11-173223734.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAF6GV1BZxNBu1q8uFGg_Ryw6GrFz4b78bFdZunGNGrm59YvALsGitZuV9ecNoACeH4jGeAHCTTbY9ZFINR9s9GuqgJsRmKtWmaAfLGkQUiLH0msl5J3tuNWBGWYmXHhp2GcQtLLr7gdkriY0JDpJk34J6d6MJ4oLb4SIvQceNpvJ

law.justia.com/codes/tennessee/2021/title-36/chapter-6/part-1/section-36-6-108/