Best Interest on the Move: Standards for Custodial Removal of Children from Tennessee

In child custody cases, courts must determine whether a custodial parent may remove the child from the jurisdiction in which the non-custodial parent lives. Tennessee courts currently use a “best interests test” to determine whether custodial removal is in the best interests of a child. The authors propose that Tennessee courts should use the economic-personal-environmental framework and the “exceptional circumstances” test from New York when evaluating whether custodial removal is appropriate.