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I am agreeing for my child to move with other parent out of state. Is there a guide to a fair parenting plan?

Memphis, TN |

We are amicably working this out as we agree there are better opportunities for the child. Child is teen aged. There are no "locked in" details yet such as move date, property acquisition, specific school system named - only destination city of employment. I can't afford my own lawyer and court costs. But I don't want to lose a minute I deserve with my child. I want to be as involved as physically possible regardless of distance.

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Attorney answers 2

Posted

The process concerning parental relocation is contained in the Tennessee Code Annotated 36-6-108. Parental relocation requires the relocating parent to send notice pursuant to the statute. If proper notice is given and the other parent does not object within the time allowed, then the relocation can proceed without any Court involvement. The risk you run is not being able to see your child when you want because the parenting plan will no longer reflect the realities. Your parenting plan probably requires mediation prior to any court action. You will need a new parenting plan in order to secure your time with your child. I would recommend that you contact a family law attorney to assist you in negotiating a new plan. If both you and the other parent can reach an agreement, even without mediation, then the attorney can prepare the proper plan and enter it with the Court. Please visit our web site for more information.

Asker

Posted

I've learned a hard lesson with this man that if it isn't spelled out word for word, then it's open for interpretation. I don't have the money for legal services but I will do what I believe is best for my son. His father says he will pay for legal services if I put together a plan. I was hoping for an example outline for long distance visitation schedule. I appreciate your time in answering my question. Thank you.

Posted

Some informal agreement may backfire. The Judge's order probably looks at the best interests of the child, a finding that cannot be changed without court approval. Your cheapest option is to cobble an agreement together and then hire or have the relocating parent hire attorneys (one for you and one for him/her) to formalize the agreement and get the Judge to sign off on it. So long as everybody's in agreement, this should be quick and affordable, and it will give you and your ex peace of mind that you are doing everything right.

Legal Disclaimer – Nothing contained in this response creates an attorney-client relationship, all information is provided as informational ONLY. This is not legal advice and should not be relied on as such. If legal advice is your intention please contact an attorney licensed in your jurisdiction. Eugene L. Belenitsky is not a specialist and does not claim to be a certified specialist by the Tennessee Commission on Continuing Legal Education. I am not your attorney until retained.

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