Legal Question in Family Law in Tennessee

Moving to another state w/child

I would like to leave the state on TN, and move back to IL. I will be leaving my husband. We have an infant. Can I legally leave the state of TN. and go to IL. without his permission? He said he would get me on kidnapping. But I will not be divorcing him at the time that I leave. We'll still be married. I have to leave on the sneak cause his drinks excessively, and I don't want harm to come to my child. He does owe back child support for 2 other kids in Ill. I will eventually divorce him in IL. Can I? What are my rights, and his? Sice he's a habitual drinker, and that's a form of abuse both to my child & I. No he's not physical yet. But it can happen.


Asked on 4/06/98, 9:44 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Moving to another state w/child

In Tennessee, so long as you are married, and until there is a court order saying otherwise, you BOTH have equal custody rights for your child or children, even if infants.This means you could move to Illinois, or to Madagascar, if you wished without your spouse's permission.He can't get you charged with kidnapping under Tennessee law. While you may be able to divorce him in Illinois, it will be far easier, quicker and less expensive to handle the divorce in Tennessee where he is.You talk about abuse that "could" happen... but anything COULD happen.

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Answered on 4/21/98, 12:22 am


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