Legal Question in Family Law in Tennessee
Changing child custody with out of state parent
Got divorced and custody of my 2 sons 14, 10 in Louisiana moved to Tn 4 years ago.14 yo wants to move back to La with his mothernow.Can I sign temporary custody over to her from Tn or will I have to return to La? 10 yo wants to stay with me. Can I have papers drawn up as neither 1 pays child support? Thanks
1 Answer from Attorneys
Re: Changing child custody with out of state parent
Divorced parents always look on the optimistic side relative to custody matters. If you sign temporary custody over to your ex-wife, you can bet that she is going to keep your son when the "temporary" period is over. If you let her have temporary custody, you need to be mentally prepared that the child will testify in court that he wants to stay with her permanently, and that you will lose custody of him. That may not be a horrible outcome if he is actually happier with her. Courts are always obligated to look for the best interests of the child. You will want to mail an Agreed Order to the court that gave you custody of your son and have the court sign the Agree Order stating that your ex-wife can have temporary custody. But when the order expires, don't be surprised if your ex-wife refuses to return your son. You can also specify in the Agreed Order that neither you nor your ex-wife will pay or owe child support to the other.
Michael A. S. Guth
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