Relocation and Child Custody in Tennessee: The 60-Day Notice Rule

Moving with your child after a custody order is in place isn't as simple as packing up. Tennessee's parental relocation statute (T.C.A. § 36-6-108) imposes strict notice requirements, and violating them can result in the court blocking your move or modifying custody against you.

When the Relocation Statute Applies

The statute triggers when a parent subject to a Permanent Parenting Plan plans to move:

• Outside of Tennessee entirely, regardless of distance, OR
• More than 50 miles from the other parent's primary residence within Tennessee

And the move will last for more than 30 consecutive days.

A temporary work trip, vacation, or military deployment under 30 days doesn't trigger the statute. But a permanent move — even from Nashville to Knoxville (roughly 180 miles) — does.

The Mandatory 60-Day Written Notice

The relocating parent must send written notice to the non-relocating parent at least 60 days before the planned move date. The notice must be sent by registered or certified mail — a text message, email, or verbal conversation doesn't count.

The notice must include all of the following:

1. A clear statement of intent to relocate
2. The address of the proposed new residence
3. The planned move date
4. The specific reasons for the relocation (new job, family support, remarriage, etc.)
5. A proposed revised parenting schedule that accounts for the new distance
6. A statement advising the other parent that they have 30 days to file a petition opposing the move

Failing to provide proper notice is taken seriously by courts. A parent who relocates without following these steps can face sanctions, including having the move reversed or losing the PRP designation.

How the Other Parent Can Object

After receiving the notice, the non-relocating parent has 30 days to file a petition in opposition with the court. If they miss this 30-day window, the relocation is legally permitted by default.

If a timely objection is filed, the move is paused pending a court hearing. The court then evaluates whether the relocation serves the child's best interests.

What the Court Evaluates

Tennessee applies a uniform "best-interest" analysis to all relocation disputes, regardless of whether parenting time is currently equal or unequal. The court considers:

• The nature and quality of the child's relationships with both parents
• The child's age, developmental stage, and existing community ties
• The feasibility of maintaining a meaningful relationship with the non-relocating parent through revised parenting time and virtual contact
• Whether the move enhances the relocating parent's and child's quality of life (better job, family support, educational opportunities)
• The relocating parent's track record of complying with court orders and encouraging the child's relationship with the other parent
• Whether the stated reason for the move is genuine or primarily motivated by a desire to interfere with the other parent's relationship

If the Move Is Approved

When a court approves the relocation, it modifies the Permanent Parenting Plan to reflect the new reality. Common adjustments include:

• Extended seasonal blocks for the non-relocating parent (majority of summer break, alternating spring breaks, longer holiday periods)
• Weekly video calls or phone time to maintain regular contact
• Transportation cost allocation — the court decides how to split travel costs, which can justify a deviation from standard child support guidelines
• Specific travel logistics (who handles airport pickups, how unaccompanied minor flights work)

If the Move Is Denied

If the court determines the relocation isn't in the child's best interests, the moving parent faces a choice: stay in the current area and keep the existing parenting plan, or move anyway and risk losing the PRP designation.

A parent who moves despite a court denial will almost certainly face a modification petition — and the decision to relocate against a court order will weigh heavily against them in the best-interest analysis.

Planning Ahead

If you're considering a move, consult the Tennessee Child Custody & Parenting Plan Guide for a walkthrough of the relocation notice requirements, including templates for the mandatory written notice and strategies for proposing a revised long-distance parenting schedule.

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