Legal Question in Family Law in Tennessee

Children Moving To Another State
My ex-husband and I share joint custody of our two sons, ages 12 1/2 and 15. Currently they reside with my ex who lives in TN. My ex plan on moving to Illinois and my two sons do not want to move there. I have asked my ex to send my sons to California to live with me but he refuses to do so. Are my sons old enough to chose which parent they want to live with? and Can my ex move them to another state without my permission? A response is deeply appreciated.

Asked on 4/05/99, 12:09 pm

Jes Beard Jes Beard, Attorney at Law

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Re: Children Moving To Another State

Both issues are dealt with fully on my website at jesbeard.com

Short answers are -- in Tennessee courts must allow children to express their prefrence regarding custody, but the court doesn't have to follow it;

And under TN law, the custodial parent does not need court approval or the consent of the other parent to move to another state.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601

Answered on 4/22/99, 8:29 pm

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