Legal Question in Family Law in Tennessee
Leaving the state with children
Husband is an alcoholic with multiple DUIs, revoked license, and possible warrants for failure to appear.
We have no family where we live and I'd like to move with my children closer to my parents for support, as I travel with my job occassionaly.
If I do not file for divorce right away, can I legally take my children across state lines? He threatens me that if I want to leave, he'll make sure I don't take the kids. My plan is to leave unannounced. Im afraid that if I file in TN, then the courts will prevent me from leaving, but I need the support of family as I fear for the children in my absense.
1 Answer from Attorneys
Re: Leaving the state with children
There is nothing under the law shich would prevent you from moving with the children, unless their is a court order before the move. But if you move you do face the prospect of your husband filing for divorce in TN and pursuing custody in that divorce. Doesn't mean he would get it, but it would mean you would at least have to come back to TN to respond to his case in court here.
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