Illustration of a map with a road between two location pins, a car, and moving boxes

A divorced or separated parent who wants to move with a child generally must give the other parent advance notice and, if the other parent objects, let the court decide. In Tennessee, a parent moving out of state, or more than 50 miles from the other parent, generally must give written notice at least 60 days before the move. In Kentucky, a relocation that affects the custody or timesharing arrangement is decided based on the child's best interests. In both states, moving first and asking later can seriously hurt your case.

Does relocation law apply to your move?

Relocation rules generally apply when a parent with a custody order or parenting plan wants to move in a way that would affect the other parent's time with the child. That includes:

  • Moving to another state, such as Louisville to Nashville or the reverse
  • Moving far enough within the state that the current schedule no longer works
  • Moving a child to another country

A move across town that does not affect the schedule usually does not raise relocation issues, but check your order. Some custody orders and parenting plans include their own notice requirements.

Relocation in Tennessee

Tennessee's parental relocation statute generally requires a parent who plans to move out of state, or more than 50 miles from the other parent within the state, to give the other parent written notice at least 60 days before the move. The notice must include the intended move date, the new address, and the reasons for the move, and must tell the other parent they can file an objection.

If the other parent files an objection within the time allowed, the court decides whether the move is in the child's best interests, considering factors including:

  • The reasons for the move, and the reasons for the objection
  • The child's relationship with each parent
  • How the move would affect the child's schooling, stability, and relationships
  • Whether a workable long-distance schedule can preserve the child's relationship with the other parent

If the other parent does not object in time, the move generally may go forward.

Relocation in Kentucky

In Kentucky, a parent planning to relocate should give the other parent notice, and many custody orders require it. If the other parent objects, the court decides how the move affects the custody or timesharing arrangement based on the child's best interests. Courts look at the reasons for the move, the child's relationship with each parent, the effect on the child's school and community, and whether a new schedule can preserve the child's relationship with the other parent.

What if a parent moves without notice?

Moving a child without the required notice, or in violation of a custody order, can lead to an order returning the child, a change in custody, and contempt of court. It also damages your credibility with the judge on everything else. If you are considering a move, talk to a lawyer before you commit to a new job or sign a lease.

What if you are the parent who wants to stop a move?

Act quickly. In Tennessee, an objection must be filed within the time stated in the statute. In Kentucky, file your objection promptly after receiving notice. Gather evidence of your involvement in the child's daily life, and propose how the child's needs can be met without the move.

What does a long-distance parenting plan look like?

When a move is approved, the schedule changes to fit the distance. Common arrangements include:

  • Extended summer time with the parent who lives farther away
  • Alternating major holidays and splitting school breaks
  • Long weekends when the school calendar allows
  • Regular video calls on a set schedule
  • Shared transportation, such as meeting at a midpoint

Louisville and Nashville are about three hours apart by car on I-65, so many families use a midpoint exchange. Transportation costs can also be addressed in the plan or considered in child support.

Which state's court decides?

Generally, the court that entered the custody order keeps authority over it as long as a parent or the child still lives in that state. A move from Louisville to Nashville does not automatically move the case to Tennessee. Compare custody law in Kentucky and Tennessee.

How Wise & Associates can help

Wise & Associates handles relocation cases in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville, including moves between the two states. We represent both parents seeking to relocate and parents opposing a move. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.