Legal Question in Family Law in Tennessee

leaving tennesse to california?

I am not married to my babies father but we do live together and have for three years,and we share a 1yr old son together.I basically know this relationship is over my problem is that ALL of my family is in California and i want to go home.My question is what kind of rights do i have here in Ten about taking our babie to California,can he stop me?Can i just go what kind of legality will i run into even if we are not married?


Asked on 1/23/06, 11:40 pm

1 Answer from Attorneys

LAURA TEK LAW OFFICE OF LAURA TEK

Re: leaving tennesse to california?

I have some questions; such as 1) was the child legitmized? 2)is the father's name on the birth certificate? The answers to those questions are important. If you established parentage and he is on the birth certificate, he could stop you from going to CA with the baby. He's the parent too, and you just can't leave with the child. He does have parenting rights. There is a Tennessee statute on this point. You need to read:

Tennessee Code Annotated 36-6-108. Parental relocation.

(a) If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following:

(1) Statement of intent to move;

(2) Location of proposed new residence;

(3) Reasons for proposed relocation; and

(4) Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice.

(b) Unless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking to alter visitation. The court shall consider all relevant factors, including those factors enumerated within subsection etc, etc.

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Answered on 1/24/06, 1:56 pm


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