My ex-husband signed off custody in our divorce 3 yrs ago. He didn't really have any regular visitation. All visitation was to be set by me because of his working out of state so much. He agreed to all this in the parenting plan and divorce. Last year I took a ex-parte on him because he was threatning harm to me and threatening to take off with the kids. He opened a motion to dismiss months after he signed an agreement to keep the exparte for a year. He did not show for his own motion to dismiss. I am now offered better job and ability to buy a house I can afford, however in another state. TN law says I need to have his approval outside 100 miles move. Is this still the case with having an exparte order of protection? Could I get in trouble for moving anyway as I am not to have contact with him either? And I have proof he doesnt even stay in this state anyway/ he told on ejudge he doesnt have a residence because he is over the road so much in other states for (x) amount of time. He uses his parents address for all court purposes. Can he technically keep me "stuck" here while he moves on with his life?
1 Answer from Attorneys
The parental relocation statute doesn't force you to stay. It forces you to give him notice by certified mail that you are moving 60 days prior to the move. He then has the opportunity to file a court action to prevent your move (this assumes your parenting plan provides most of the parenting time to you and is not split equally).