Legal Question in Family Law in Tennessee
Divorce/relocation/child custody
I understand that I need to give my ex-husband 30 days notice of my intention to relocate out of state with my children for a job opportunity. We have joint custody but I'm the primary custodial parent responsible for medical and educational decisions. He has the right to petition my move, but can he legally stop me from moving out of state when the kids and I want to leave? There's nothing in the decree that state anything about moving.
My divorce is 4 years old. Although there has been no increase in child support due to the attorney saying it didn't need to be written into the decree, his income has increased easily 20% since then. Am I eligible for at least yearly cost of living increases per Tenn. law?
thank you.
3 Answers from Attorneys
Re: Divorce/relocation/child custody
Your ex can't stop you from moving, but it is possible to stop the kids. If the ex forces a court batle, you can bring in the child support. A 20% increase should justify a modification request. For more info, see www.gsmithlawfirm.com
Re: Divorce/relocation/child custody
First, the requirement is to give 60 days notice, not 30 days notice. The notice must be by certified of registered mail. The notice must contain certain information and it is best that you obtain legal counsel to assist you with this process - especially if you anticipate your ex-husband contesting the children's relocation to another state. The standard to be applied in determining whether you can relocate with the children depends upon the amount of time the father currently spends with them now.
With regard to your question about child support, that also depends on certain factors, such as the amount of time the children are with him. Generally put, if there is a "significant variance" between the amount he is paying and the amount he should be paying pursuant to the Tennessee Child Support Guidelines, then you are likely due an increase.
Re: Divorce/relocation/child custody
Tennessee Code Annotated 36-6-108 addresses parental relocation specifically. 60 days notice is required and such notice must contain the (1)statementof intent to move;(2)Location of proposed new residence;(3)Reasons for proposed new residence:and(4)Statement that the other parent may file a petition in opposition to the move within 30 days of the receipt of the notice.
As to whether or not the move of the children can be blocked, that is the Court's decision. However, if you and your ex- can work out an acceptable visitation arrangement, that will be persuasive to the Court.
Even though your dissolution agreement did not address the issue of child support modification directly, if there is a substantial change in the
earnings of your ex- then you will probably be able to get an increase.
Both of these issues are too full of potholes to recommend you proceed without an attorney. You should consult one before you compromise your position in any way.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
