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.
Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered.
DANIEL S. WILLIAMS, ESQ.
LAW OFFICES OF DANIEL S. WILLIAMS
500 LIGHTHOUSE AVENUE, STE. A
MONTEREY, CA 93940
(831) 233-3558 -- OFFICE
(831) 233-3560 -- FAX
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
This communication does not establish an attorney/client relationship between Lauren Castles and the individual who posted this question. To establish an attorney/client relationship, the questioner must contact the attorney directly to set up a consultation and to sign a contract for legal services.
Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
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.