We Help With Relocations And Other Modifications

We live in a world that is connected and constantly changing. It is quite common to hear news that someone is moving back home for personal reasons or transferring to another state for a job promotion. You might be the one with the news. When you share parenting time or pay or receive child support, these choices may have legal implications.

The Landers Firm, PLC, can help you respond to changes in life that could impact child custody (residential parent determinations) and support orders. Our attorneys are highly skilled and experienced both at making and challenging modifications. Call our office in Memphis at 901-522-1010 to schedule a consultation with our attorneys.

One Parent Cannot Relocate Over 50 Miles Without Permission

Under Tennessee law, one parent cannot unilaterally decide to move with a child more than 50 miles away from the other parent. The parent must first seek permission, either from the other parent or the court. Parents who agree to a move must modify their parenting schedule in writing. A verbal agreement is not legally binding.

If one parent does not agree to a new parenting schedule, the parent seeking relocation must file a petition with the court. The court will review the parent's request and make a determination based on the best interests of the child, considering factors such as:

  • If the parties have equal parenting time
  • The likelihood that the parent requesting the move will abide by a new parenting arrangement
  • Previous efforts to deny visitation
  • Failure to exercise parenting time or rights
  • The relationship each parent has with the child
  • If one parent is the primary caregiver
  • The tendency of each parent to provide the child with necessities such as food, clothing and medical care
  • Whether the parents work together and share information about the child
  • The child's ties to school or the community
  • The wishes of a child who is at least 12 years old
  • Evidence of abuse, physical or emotional, by a parent
  • The character of a stepparent, partner or other person living in the home

Both Parents Can Request A Modification Of Child Support

The other primary type of modification involves child support orders, which can be made based on a significant variance. Either the payer or payee can request a modification. Typical reasons:

  • Either parent becomes legally responsible for a child not included in the previous determination.
  • Either parent is relieved of the legal responsibility to care for a child included in the previous determination.
  • Either parent's income increases due to a new job, promotion or inheritance.
  • Either parent's income decreases due to unemployment, an accident or a serious medical condition.
  • A relocation results in a substantial shift in parenting responsibilities.
  • The child requires additional care due to a disability or serious medical condition.

Call Us For Help With Any Family Law Matter

When you need help with a modification or any other divorce or family law matter, we encourage you to call us at 901-522-1010 to schedule a consultation with a lawyer. You may also send us your contact information, and we will reach out to you.