Legal Question in Family Law in Tennessee
Taking my child over the state line
My husband & I are going to seperate & he said that if I take my child back to my home state of Georgia he will have me charged with kidnapping. Can he do this? What are my rights?
1 Answer from Attorneys
Re: Taking my child over the state line
Hard to say what he might be able to do, but if you two are still married and there is no court order addressing who the child is to be with, you are perfectly within your rights to take the child out of state, even if it is against the wishes of the other parent, and even if you are moving with the child.
Now, the fact that you CAN do this does not mean you should or make it a good idea, nor does it mean that if you two divorce a judge deciding who the child was to live with would look favorably on your actions. In fact those actions could well result in the court deciding the child should live primarily with him.
One more point. I have assumed that the child you are talking about is a child he fathered, despite the fact that you refer to the child as "my child." Referring to the child as "my child" in court instead of "our child" will also hurt you a good deal.