Legal Question in Family Law in Tennessee

spouse taking child and filing for divorce

I am writing for a friend whose wife left to go on ''vacation'' at her parents house and them called him 3 weeks later and said she wants a divorce. She just left and took the child with her and my friend had no idea. There marriage was bad but as far as being a father he is wonderful. The mother feels she has the right to take the child out of state and not let him see his child at all. There is no reason for him to not see the child b/c he always provides excellent care for her. The mother is also pregnant and is saying she will not allow him to come to the doctor appts or the birth(it is his baby). What should my friend do? What do the laws of TN say about taking a child like that and what does he do to make sure the child has to stay in the area or state? Is there anything he can do to see his child again? Could what the mother did be considered kidnapping?


Asked on 6/16/04, 9:34 pm

1 Answer from Attorneys
Robin Gordon Gordon Law Group, PLC

Re: spouse taking child and filing for divorce

Your friend needs to file in the county he/she lives for custody/visitation/support. See the local court for more info. The judge will certainly not like the fact that the child was taken from the jurisdiction but it is not kidnapping as she had full rights to the child.

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Answered on 6/17/04, 10:06 am


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