Can You Relocate Out of State With Your Child After Divorce?
Oct. 29, 2025
After a divorce, life often moves in new directions. People switch jobs, find new relationships, or want to be closer to family. But when children are involved, especially in Tennessee, moving out of state isn’t as simple as packing up and going.
Whether you're the custodial parent or share parenting responsibilities, relocating with your child can trigger family law issues that need to be addressed properly.
At McCarter | East PLLC, we understand how frightening and uncertain it can feel when legal matters involve your children and your future. Tennessee law has guidelines about when and how a parent can move out of state with a child after divorce. Here, our Murfreesboro child custody lawyer can help you to understand those rules and what the courts consider before approving a move can make a significant difference in your case.
Parental Relocation Laws in Tennessee
Tennessee family law treats parental relocation very seriously. If one parent wants to move more than 50 miles from the other parent, or out of the state entirely, and the child spends time with both parents under a court-ordered parenting plan, that parent must give notice before making any move.
According to Tennessee Code Annotated §36-6-108, the relocating parent must send a written notice to the other parent at least 60 days before the intended move. This notice must include:
The proposed new residence's location
The reasons for the move
A statement that the other parent can oppose the move by filing a petition in court within 30 days
If the non-relocating parent doesn’t object within that time, the relocating parent may be allowed to move. But if the non-relocating parent files a petition opposing the relocation, the matter will go before a judge.
What the Court Looks At When a Parent Wants to Move
If a parent objects to the relocation, the court will decide whether to allow it based on several factors. The key consideration is whether the proposed move is in the child's welfare. Courts don’t automatically side with the parent who wants to move or the one who wants the child to stay.
Here are some of the factors a Tennessee court may examine:
The relationship between the child and both parents
The child's educational, emotional, and physical needs
Whether the move will improve the quality of life for the parent and the child
Each parent's motives for supporting or opposing the move
How the move would affect the child's contact with the non-relocating parent
Each case is unique, and judges weigh the evidence presented by both sides. If it seems that one parent is trying to move to reduce the other parent’s time with the child or out of spite, that will work against them. On the other hand, a move for a legitimate reason, like a job opportunity or family support system, could be viewed more favorably.
What If You Have Sole Custody?
In Tennessee, even if you’re the primary residential parent or have sole decision-making authority, you're still required to notify the other parent and give them the chance to object. Sole custody doesn’t automatically mean you can relocate without involving the court or the other parent.
If the other parent objects, you’ll still have to go through the legal process. However, if the court believes that the relocation supports the child’s well-being and won't harm the child's relationship with the other parent, they might allow it.
Steps to Take Before Planning a Move
If you're thinking about moving out of state with your child after a divorce, it’s important to prepare. Even if the move seems minor or necessary for your personal growth, failing to follow proper procedures can lead to serious legal consequences.
Here’s a list of steps you should take:
Review your parenting plan: Start by reading the custody agreement or parenting plan that was ordered in your divorce. It likely outlines your rights and responsibilities, including any relocation procedures.
Talk to the other parent: If you have a cooperative relationship, try discussing the move before making it official. In some cases, both parents can agree to the relocation, avoiding a court battle.
Give proper notice: Tennessee law requires written notice of your intent to move at least 60 days in advance. Make sure your letter meets all legal requirements.
Be ready to explain the reason for your move: Whether it’s a new job, education, or family support, the court will want to hear why this move matters for you and your child.
Hire a family law attorney: Parental relocation cases can involve courtroom hearings, evidence, and legal arguments. Having experienced legal help can protect your rights and your child’s future.
Relocation cases are often more involved than they first appear, especially when custody and parenting time are at stake. Working with an experienced family law attorney can help you avoid missteps and approach the process with a clear legal strategy.
Every decision you make during this time can affect your child's future and your ongoing role as a parent. Don’t try to handle it alone—legal guidance matters.
What Happens If You Move Without Permission?
Moving out of state with your child without the court’s approval—especially if the other parent has filed an objection—can lead to serious problems. You could be held in contempt of court, forced to return the child, or even face changes in custody arrangements.
Tennessee courts frown upon parents who take matters into their own hands. If you're found to have acted in bad faith, you may hurt your chances of keeping custody or maintaining decision-making power over your child’s upbringing.
Even if your intentions are good, skipping the legal process can send the wrong message to the judge. It shows that you're not respecting the parenting plan or the other parent's rights.
Relocating Isn’t Always Denied
Not all relocation requests are denied. Plenty of parents in Tennessee have successfully moved out of state with their children, especially when they’ve followed all required steps and demonstrated how the move benefits the child. The court doesn’t want to disrupt a child's life without good reason, but it also recognizes that change is sometimes necessary.
Some judges may allow relocation if:
The move offers a significant improvement in the child's living conditions
The other parent will still have frequent contact through visits or technology
The moving parent has a strong history of supporting the child's relationship with the other parent
In these situations, the court may approve a modified visitation schedule to help maintain regular contact with both parents, such as extended holiday or summer visits. Judges often aim to preserve meaningful relationships between children and both parents, even across state lines.
These adjustments are a common part of family law cases involving relocation. An experienced family law attorney can help propose a schedule that works for everyone while prioritizing your child’s stability and well-being.
We're Here to Support You and Your Child
At McCarter | East PLLC, we know that moving out of state with your child after a divorce isn’t something you take lightly. Whether you're seeking to relocate or trying to prevent a move that could impact your relationship with your child, these are deeply personal decisions wrapped in legal requirements that can feel overwhelming.
Based in Murfreesboro—just blocks from the courthouse—and with an office in Woodbury, we're here to help parents across Middle Tennessee face these challenges with confidence.
Relocation cases demand close attention to Tennessee family law, timely notice, and often, a hearing before a judge. The court's focus will be on what supports your child’s well-being, not what’s easier or more comfortable for either parent.
If you're considering a move or responding to one, reach out to us. We're ready to listen, guide you through your options, and help you take the next right step for you and your child. Contact our firm today to schedule a consultation.