Asked in Family Law and Child Custody for Tennessee

Q: can my niece move out of Tennessee to ky away from her boyfriend with a 9mo old baby

My niece is 19 and her and her boyfriend had a baby out of wedlock. It’s over between them but he threatens her as a cop that if she leaves Tennessee that she will be thrown in jail. What can she do to get away from this mentally abusive guy and be able to move with me in Kentucky.

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1 Lawyer Answer

A: If they have not been to court or have a court order giving him rights to the baby, then she is the sole custodian of the baby in TN. She can take the baby wherever she wants. My advice would be for her to quietly leave without telling him ahead of time. He may then go to court to try to get an order giving him custody or visitation rights to the baby. If he is abusive, she can also get an order of protection against him so that he cannot come near her. She should consult an attorney though who can look at all of the facts and advise her about her best course of action.

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