How Courts Decide Parental Relocation Requests in Child Custody Cases
May 8, 2025
When parents are involved in child custody disputes, one of the most emotionally charged issues they may face is parental relocation. A parent who wants to move to a new city or state can face significant legal hurdles when the other parent disagrees with the move.
Our family law firm in Murfreesboro, Tennessee, understands the intricacies of family law and the impact a relocation request can have on both parents and children.
Courts take a thorough, careful approach when deciding whether to grant or deny a parental relocation request, considering multiple factors to make sure the child’s best interests remain the focal point of any decision.
Legal Considerations in Parental Relocation Cases
Family law cases involving parental relocation are not simple, as they require balancing the parent’s right to move with the child's need for stability and the importance of maintaining relationships with both parents. The court looks at a variety of legal considerations when determining whether a proposed move is in the child’s best interests.
Here are the major factors courts typically consider:
Best interests of the child: At the heart of any decision is the child’s well-being. The court will assess how the move will affect the child emotionally, physically, and socially. Does the relocation offer benefits, such as improved educational opportunities or better living conditions? Or will it harm the child by disrupting their social life, including their relationship with the non-relocating parent?
Parent’s reason for relocation: The court will examine the reasons the relocating parent wants to move. A legitimate reason—such as a job offer, a better living situation, or the need to care for a family member—may weigh in favor of granting the relocation request. On the other hand, if the reason appears to be more self-serving or aimed at limiting the other parent’s involvement in the child’s life, it could hurt the chances of a successful move.
Impact on the non-relocating parent’s relationship with the child: Courts also consider how the move will affect the non-relocating parent's ability to maintain a meaningful relationship with the child. If the relocation would significantly limit visitation time or change the dynamics of the relationship, the court may decide against the move. It’s also important for the court to weigh whether the relocating parent is willing to work with the non-relocating parent to maintain the relationship.
Child’s preference: In some cases, the child’s preference may be considered, depending on the child’s age and maturity level. Older children may have more input into the decision, though it’s not always determinative. Courts aim to confirm that the child’s voice is heard but not necessarily allowed to dictate the outcome.
Distance and cost of relocation: The practicalities of the move, such as the distance involved and the potential cost of travel for visitation, are considered. If the distance is substantial and would make it difficult for the non-relocating parent to visit, this could weigh against the move.
The Process for Requesting Parental Relocation
When a parent wishes to relocate with a child, there’s a legal process that must be followed. Family law courts require that the relocating parent formally notify the non-relocating parent of their intention to move. The notification must be provided in writing and typically includes detailed information about the move, including:
New address or area: The relocating parent must provide the address or general area to which they plan to move. This allows the non-relocating parent to understand the extent of the move and its potential impact.
Proposed changes to the custody arrangement: The relocating parent should outline any proposed changes to the current custody agreement, including visitation schedules and how the child will maintain a relationship with both parents after the move.
Timeline of the move: The relocating parent must give the non-relocating parent adequate notice of the proposed move. This notice allows the non-relocating parent time to consider the relocation and, if necessary, file an objection with the court.
After the notification, the non-relocating parent has the option to agree to or object to the proposed move. If the non-relocating parent objects, the case will proceed to court for a hearing where both parents can present evidence supporting their positions.
The Basics of Mediation in Parental Relocation Cases
In many cases, the court may recommend or require mediation before deciding the issue of parental relocation. Mediation provides a way for both parents to discuss their concerns in a neutral setting and try to come to an agreement without the need for a lengthy trial.
During mediation, both parents have the opportunity to express their reasons for supporting or opposing the move. A mediator helps facilitate these discussions and can offer suggestions on how to modify the custody arrangement to accommodate the relocation. If an agreement is reached during mediation, the terms will be submitted to the court for approval.
However, if mediation does not lead to a resolution, the case will move to trial, where a judge will make the final decision based on the best interests of the child.
Parental Relocation and the Custody Agreement
In cases where the parents have an existing custody agreement, the terms of that agreement may play a significant role in the court’s decision. Courts will often assess whether the proposed relocation violates any existing custody or visitation provisions.
If the current custody arrangement does not specifically address relocation, the court will rely on general principles of family law to determine whether the move is in the child’s best interests.
In some instances, parents may have agreed to a relocation provision as part of their custody arrangement. This provision may outline the process and conditions for requesting a move, including what steps the relocating parent must take and the factors that will be considered.
These provisions can help reduce conflict and make the relocation process more predictable for both parties.
However, if no such provision exists or if the existing arrangement does not provide clear guidance, the court will have more discretion in determining whether the relocation is acceptable.
Factors That Weigh in Favor of Parental Relocation
There are circumstances where courts are more likely to approve a parental relocation request. These factors typically include:
Improved living conditions: If the relocating parent can show that the move will provide a better living situation for the child, such as access to better schools, a safer environment, or improved healthcare, the court may be more likely to grant the request.
The parent’s ability to maintain the child’s relationship with the non-relocating parent: If the relocating parent proposes a workable plan to maintain the non-relocating parent’s relationship with the child, such as facilitating regular visitation, this can increase the chances of the relocation being approved.
Job opportunities: If the relocating parent has a significant job opportunity in another area, particularly one that enhances their financial stability, this may weigh in favor of the move. Courts recognize the importance of financial stability for the well-being of the child.
Involvement of the non-relocating parent: If the non-relocating parent has been less involved in the child’s life or has not exercised significant parenting time, the court may be more likely to grant the move.
Factors That Weigh Against Parental Relocation
On the other hand, there are factors that may lead the court to deny a parental relocation request:
Disruption of the child’s established routines: If the move would significantly disrupt the child’s social life, schooling, or extracurricular activities, the court may find that it’s not in the child’s best interests.
Inability to maintain the parent-child relationship: If the move would substantially limit the non-relocating parent’s ability to maintain a meaningful relationship with the child, this may weigh against the relocation request.
Lack of a valid reason for the move: If the relocating parent can’t provide a strong, legitimate reason for the move, such as a job opportunity or a family obligation, the court may view the relocation request skeptically.
Unilateral decisions made by the relocating parent: If the relocating parent is attempting to move without considering the other parent’s wishes or without offering a reasonable plan for maintaining contact with the non-relocating parent, the court may be less likely to approve the move.
Contact Us Today
If you’re facing a parental relocation request in a child custody case, McCarter | East PLLC is here to help. Our family law firm understands the delicate nature of these cases and the importance of protecting your parental rights while also considering your child’s best interests. Conveniently located a few blocks from the courthouse, we serve businesses in Murfreesboro, Tennessee, and surrounding areas. Contact us today to discuss your case and receive personalized legal guidance.