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

Related Topics:
1 Lawyer Answer
Kimberly K. Schreiber
Kimberly K. Schreiber
Answered
  • 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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.