I had a client once who got a job offer in another city. Great opportunity. Significant pay increase. The kind of thing you say yes to without hesitating, if you do not have a parenting plan.

Except she had a parenting plan. And her ex was not going anywhere.

She called me from the parking lot of her office, halfway between excited and terrified. “Can I take this job?”

The answer was: maybe. It depends. Let me tell you how.

Relocation cases are some of the most emotionally difficult matters I handle here in Memphis. One parent has a legitimate reason to move. The other parent has a legitimate reason to stay. The child’s relationship with both parents is at stake. And the law has to balance all of it.

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The Notice Requirement

Tennessee law requires a parent who wants to relocate with a minor child to give the other parent written notice at least sixty days before the move. The notice has to include the new address, the reason for the relocation, and a proposed revised parenting schedule.

Do not skip this step. (I cannot emphasize this enough.) Moving without proper notice is the kind of thing that turns a judge against you quickly and expensively.

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What the Other Parent Can Do

After receiving notice, the other parent has thirty days to file a petition objecting to the relocation. If no objection is filed within that window, the relocation is generally permitted to proceed.

If an objection is filed, the court holds a hearing. The analysis depends on how much parenting time each parent has under the current order.

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How the Court Decides

If the parents have substantially equal parenting time, the court applies a best interest analysis, looking at the same factors used in any custody determination. Neither parent has a presumption in their favor.

If one parent has significantly more parenting time than the other, the court presumes the relocation is in the child’s best interest unless the other parent can show that the move is not in good faith or that the harm to the child’s relationship with the remaining parent outweighs the benefits of the move.

Distance matters. Moving across town is different from moving to Seattle. Courts in Shelby County look at the practical effect on the child’s relationship with the non-relocating parent and what a realistic modified schedule would look like.

Lawyer Bill’s Advice

Relocation is not a unilateral decision when children are involved.

Give the proper notice. Give it on time.

And if you are the parent receiving that notice, you have thirty days to respond. Do not wait.

These cases move fast and the window to protect your parenting time is short.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.