Murfreesboro, TN asked in Family Law and Child Custody for Tennessee

Q: What are our options?

My husband and his ex were never married. They have a 9yr old boy and she gave him to my husband a little over 5yrs ago due to her being in am abusive relationship and being unable to take care of him. She lives in Alabama and 2yrs ago DHR removed her 2nd child age 3 at the time and placed her with the paternal grandmother. She has to take random drug tests and has supervised visits. She has had her act somewhat together for the last 9 months and is now talking about the 9yr old leaving Tennessee and coming to live with her which we obviously don't view as a good idea at this point in time.

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1 Lawyer Answer
Kimberly K. Schreiber
Kimberly K. Schreiber
  • Divorce Lawyer
  • Memphis, TN
  • Licensed in Tennessee

A: Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in juvenile court.

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