Legal Question in Family Law in Tennessee

Re: Leaving the state with children

Tennessee has a parent/child relocation statute that may be applicable in your sister's situation. If applicable, there are a number of procedural requirements she will need to be aware of. Since the threat of a kidnapping charge has been made, I think that before she makes any decisions regarding relocation, she should consult with a local attorney who is familiar with this statute and family law in general. Best of luck to her.

Re: Leaving the state with children

You asked about leaving a marriage with children and relocating from one state to another.

You need to speak with an attorney familiar with the law in EACH state. Also speak with the counselors at a women's shelter. As long as the marriage has not dissolved and there is no custody order in place then she can travel with the children wherever she wishes within the country without the father's permission. In fact, if the children have their own passports she may even travel with them outside of the country without the father's permission. She can not be charged with kidnapping her own children where she is not in violation of a court order stating otherwise.

One caveat is that it takes a period of time for a court to gain jurisdiction over children. This prevents parents from forum shopping. So in order for the Pennsylvania court to gain jurisdiction the children will have to reside there for a period before it will issue a definitive custody order, but that court will consider an emergency custody order. The forum for proceedings though will likely be the location where the children spent the most time in the last 6 months.

An attorney familiar with the situation can best advise her on how to proceed. That will mean getting an emergency order regarding custody of the children filed in one state or the other. She must be the first person to the court house.

As I said, get to see an attorney and also a women's shelter. They will help her leave the situation in the most safe manner. She should not discuss this matter with her husband AT ALL or she will risk losing any advantage.

Again, get to an attorney as soon as possible. if she cannot afford one then go to a legal clinic at a local law school or social service agency. Widener University school has clinics on its campus in Harrisburg, PA and Wilmington, DE that can help women in abusive relationships.

Regards,

Roger Traversa