Legal Question in Family Law in Tennessee
My divorce was in tennessee. We handled it with paperwork through legal zoom. I have joint custody but my ex wife moved to Florida 18 months ago. The youngest of the two girls will be 12 in February and both wish to come home at that time. How utilizing our custody agreement do I move them back to tennessee? The mother states this is their home and is defiant to their requests. Thank you abundantly for answers.
1 Answer from Attorneys
Unfortunately, based on the information you have provided, it sounds like your child's home state has switched to Florida. Therefore, you may have to file there to modify your parenting schedule. You and your ex-wife should either be following your current parenting plan or deviating from it by agreement. If you are not receiving your parenting time with the children because of distance, you may want to consider filing a contempt petition against your ex.
You also should have objected to her moving with the children before they had been there for 1.5 years. She should have provided written notice of her intent to relocate (not sure if that was done based on your submission), but you have waited so long that you hurt your case for switching custody simply based on the relocation.
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