My ex and I are in the middle of a divorce and I would like to move out of state when it is final. We have one child.
Divorce / Separation Lawyer
YOU, can move wherever you like. The child, can not be up and moved without an agreement with your ex, or an order of the Court.
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Family Law Attorney
Have you seen a parenting plan before? You'll get a parenting plan when your divorce is final. At the end of the state parenting plan, there is an explanation of the TN relocation statute.
Of course, a court cannot tell you that YOU are not allowed to move. However, before you move, especially with children, you must give the father certain notices, and he has the ability to object to the children moving. Then a judge would have to make a decision.
Feel free to call me and set up a free consultation: (615) 804-6086
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Divorce / Separation Lawyer
Yes, you can move. However, to take your child with you out of state, you will need to follow the parental relocation statute. It should be described toward the end of your permanent parenting plan.
Basically, you send your ex a letter saying where you plan to move and giving him thirty days to file a lawsuit objecting. The statute is specific about the requirements of that letter, so you may want a lawyer to help write it.
If your ex doesn't object, you can move. If they object, the court will look at whether he has substantially equal time with the child. So, if this move is for sure, you need to negotiate now for as much time as you can.
This answer is given as a courtesy to avvo users. Please remember that right now, I am not your lawyer. For a complete legal answer and advice, I urge you to hire an attorney.