Q: My daughters father has never helped, doesn’t see her and we were never married. Can he object to us moving?
I have a 16 month old daughter. I’m the sole provider for her. Her father and I were never married. He does not see her because I don’t allow him to keep her alone because he put her in a harmful situation and has stopped showing up to his moms to see her. He has never helped financially either nor texts or calls to check on her. I’m planning on moving about 2 hours away from where we currently live in a few months. Can he object to the move? Also at what point can I request that he sign his rights over
A:
Your question raises two separate issues. Relocation and Termination of Parental Rights. I will address the Termination of Parental Rights first as the answer is easier. In Tennessee, a parent cannot voluntarily terminate their parental rights unless their is a Petition for Adoption and Termination of Parental Rights filed regarding the child. Their are things that a parent can do that will cause the state to seek the termination of parental rights such as commit certain criminal acts. Tenn. Code Ann. § 36-1-113 governs this issue. You can freely look up this and all Tennessee Statutes at http://www.tncourts.gov/citizens. There you will find the link to the to the Tennessee Statutes.
Tenn. Code Ann. § 36-6-108 governs the requirements for a relocating parent. The first question is how far is the move? is it more than 50 miles? The next question is whether there has been an order granting parenting time or visitation. Likewise, if there is a child support order, it may contain that he is given a certain amount of days credit.
It would be best if you consult a local experienced family law attorney to determine the best course of action for you.
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