Legal Question in Family Law in Tennessee
Custodial moving and wants to take children with him.
My ex and I have joint custody, but I am moving soon for school.I am the custodial parent.I have concerns about the mental and physical well being of all 3 of my children if I was to leave them in the fulltime care of my ex.What can I do to legally take them with me?
2 Answers from Attorneys
Re: Custodial moving and wants to take children with him.
You will need to file a petition with the court that gave you custody. The petition should seek permission to take your children out of state. The court will rule on the petition based on the best interests of the child -- in theory. In practice, it is based on who has a better attorney present for oral argument.
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Re: Custodial moving and wants to take children with him.
There is a Tennessee Statute directly relating to what you would need to do in order to move a certain distance with your children. There are two different possible standards which would need to be shown if your ex objects to the move and the standard that applies depends on whether the two of you are spending "substantially equal" intervals of time with the children. There is a very specific procedural requirement that you have to follow to give notice of your intentions. Please hire local counsel familiar with the statutory process in order to do it right if you choose to take this route. Good Luck.