Q: Moving back home
I moved from NC to TN August of 2013 and had my son May 2015. His father and I have been living together for 4 years.(we are not married and never have been) In 2016 I was diagnosed with BC and I am now cancer free. During treatment our relationship fell apart and we have been sleeping in separate rooms. I want to move out however I make to much for low income housing and not enough for other housing. We cannot live together it just isn’t healthy for my children and I now want to move back home. I have tried to talk with him several times and his response is that I’m not allowed to move out of TN he won’t let me. The cost of living in NC is way less and I have a lot of help and support from my parents. My question is how do I go about moving out of TN I just want to go home?
A: Well, in TN, you are the sole custodian of the child/children if there is no court order to the contrary. I am not sure about the law in NC, but think that both parents (even if not married) share joint legal custody of the children without a court order. What this means is that he would need to go to court to get an order to stop you from moving. However, once you get to NC, he may be able to come and get the children. My suggestion is to contact an attorney to help you evaluate your options.
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