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

Q: My son wife wants to take their 2 year old and leave state can she do that if he don't want her to take their son

She said she is gonna leave my son and take their child to another state to live thay have all lived in my home since before the 2 year old was can she take my sons child and leave state if my son don't want her to leave with their son she can leave if she wants to he don't want to let her take their 2 year old son from the only family he has ever known for 2 years

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

A: Do they have any sort of Parenting Plan through the court? If not, he needs to file a Petition in juvenile court to establish his rights. Once that has been established, he will have court ordered parenting time. Mom would have to notify your son under the Parental Relocation Statute if she wanted to move out of state or more than 50 miles from where she is now. However, that is only in effect AFTER a Parenting Plan has been established. He needs to consult with a good attorney that regularly practices in juvenile court to get that petition filed ASAP!

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