Legal Question in Family Law in Tennessee

Leaving country w/child w/out husband's permission

My husband & I have been discussing divorce. We're in Tn. Originally from Canada. This is my second post, but I wasn't thorough in my first post. I want to move back to Canada & take our child. Our child was born in the states. My husband does not want our child living in Canada because he won't be able to see our child. He thinks we should live closer to one another so he can see our child regularly. He won't make it easy. I'm thinking I should tell my husband I want to take our child on vacation to Canada, & then just call him from Canada & tell him me and our child are staying in Canada and not coming back to Tn and just not come back. He won't sign anything telling me it--name removed--ok to live outside the country w/our child, so I don't know any other way. He--name removed--a good father, but works 12 hour days, so he only sees our child on his days off and about 4 hours a day. If I do this, does my husband have any legal rights to our child once we're out of the country?


Asked on 9/08/03, 8:01 am

1 Answer from Attorneys
Misty D. Becker Rikard & Dobson, P.L.L.C

Re: Leaving country w/child w/out husband's permission

You have a very difficult question. Normally, U.S. Citizens can move anywhere in the U.S. regardless of their ex-spouse's, or spouse's, wishes unless there is a court order to the contrary. Given your situation and citizenship, I would suggest having a consultation with an attorney, preferably one that has some experience in imigration law, to make sure this would have no negative ramifications on you or your child's status as a citizen.

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Answered on 9/09/03, 10:01 am


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