If there is no formal agreement or order for the conservatory custody and you must move immediately, submit it to the court as soon as possible. Ideally, you can submit at the same time as your move or in a few days after. There is no real legal consequence at this stage, except that you could create a status quo where children live primarily with the other parent because you are away. A parent who wishes to move to another state with a child or child most likely needs to obtain the consent of the court that issued the original custody order. If two parents have a joint custody agreement and a parent wishes to leave the state without bringing the child, primary custody will likely go to the remaining parent in the first state. But the father can submit a paternity case at any time, and then try to get custody and time for education or visitation. If the father has been involved with your child and you remove your child so that he cannot see the child, the judge can sympathize with the father. This is a time when your child`s father could bring you to justice. If you do not have a formal custody or custody contract, it probably means that you are still married or have a child out of wedlock. In both cases, it is probably not advisable to leave the state with your child without formal judicial authorization without obtaining formal judicial authorization.
Depending on the circumstances, it could even be a misdemeanor under Tennessee law. Again, before you do something that could compromise your freedom, your legal rights or your relationship with your child, you need to discuss your situation with a lawyer. A non-state custody contract may designate a parent as the sole administrator of the child and grant access rights to the non-state parent. The court may also follow other methods under a new custody regime, such as the inclusion of “virtual access” or electronic communication between the non-governmental parent and child. It is also important to note that custody is decided in the state where your divorce was requested (and where your child lived in the six months prior to the divorce), regardless of where you and the child are going to live. In the end, as with all custody findings, it must be decided whether a parent can leave the state with his or her child on the basis of the “best interests” of the child concerned. If it is in the best interests of the child to move, or if the child`s well-being can continue to be realized despite the exclusion of the parent child, then leaving the state is a viable option for the parent. It may always be preferable to file an ex-parte violence protection order. This will be the court about your intention to move temporarily and allow the court to quickly listen to your case on emergency detention.
As a general rule, a parent who has a permanent provision for exclusive physical custody (also known as “primary physical custody”) can leave with the children unless the other parent can prove that the move would harm the children. But it is not always clear whether a custody decision is permanent or temporary, so the law may be different in your case. Talk to a lawyer to make sure you understand how the law is applied to your specific circumstances. Suppose the order explicitly limited movement out of state, but you`re still moving. What`s the matter? Since you are violating the current order, a judge would probably hold you in defiance of the court. The judge may also require you to pay the other parent`s legal fees (in addition to your own).