Indulge me please...

[The_Non-Mom]

What is the name of your state (only U.S. law)? This applies to TN.

So let's say that an unmarried couple have a two-year-old son in TN. And let's say the mom's name is Maci and the dad's name is Ryan (if you're picking up on this, you're TV habits are as bad as mine ).

Mom and Dad have been to court for child support, but not custody/visitation. Therefore, Mom has full custody, but she gives Dad visitation every other weekend and one or two days during the middle of the week. Dad tells Mom he wants to go to court for a visitation order, so Mom up and moves herself and Son about 120 miles away from Dad.

If Dad files for visitation now, what are the chances Mom will have to bring Son back to county they are from? Or has that ship sailed since Dad did not file before Mom left?

 

[antrc170]

My wife "knows" these two better than I so I'm not caught up on all the details of the matter. If mom moved before there was a court order for visitation then its my understanding that she is okay there. However, because the father has been getting visitation it's establshed a status quo situation and the likely hood of him being granted visitation or partial custody is high. The arrangements for meeting with the minor has to be split. Either they meet half way, or each goes all the way to drop off/pick up, etc.

 

[Zigner]

What is the name of your state (only U.S. law)? This applies to TN.

So let's say that an unmarried couple have a two-year-old son in TN. And let's say the mom's name is Maci and the dad's name is Ryan (if you're picking up on this, you're TV habits are as bad as mine ).

Mom and Dad have been to court for child support, but not custody/visitation. Therefore, Mom has full custody, but she gives Dad visitation every other weekend and one or two days during the middle of the week. Dad tells Mom he wants to go to court for a visitation order, so Mom up and moves herself and Son about 120 miles away from Dad.

If Dad files for visitation now, what are the chances Mom will have to bring Son back to county they are from? Or has that ship sailed since Dad did not file before Mom left?

If dad files PROMPTLY for visitation/custody, he'll be in a better position. However, there is nothing guaranteeing that mom will have to bring the child back. The court could simply order that mom be responsible for all costs involved in dad exercising his visitation rights.

 

[Zigner]

My wife "knows" these two better than I so I'm not caught up on all the details of the matter. If mom moved before there was a court order for visitation then its my understanding that she is okay there. However, because the father has been getting visitation it's establshed a status quo situation and the likely hood of him being granted visitation or partial custody is high. The arrangements for meeting with the minor has to be split. Either they meet half way, or each goes all the way to drop off/pick up, etc.

Please don't guess

 

[antrc170]

Please don't guess

This is an advice forum Zigner and I'm giving the advice on the legalities as I understand it. It's not a "guess", its my understanding of the law. If you're an attorney then lay out the law. If not, then you're "guessing" as well as everyone else.

 

[Zigner]

This is an advice forum Zigner and I'm giving the advice on the legalities as I understand it. It's not a "guess", its my understanding of the law. If you're an attorney then lay out the law. If not, then you're "guessing" as well as everyone else.

Yours is a guess and not a good one at that.

 

[antrc170]

Yours is a guess and not a good one at that.

It's not a guess. If you have other information or insight, please feel free to provide it. I'm sure you can dazzle us all with your brilliant grasp of the legal situation.

 

[neopandora]

What is the name of your state (only U.S. law)? This applies to TN.

So let's say that an unmarried couple have a two-year-old son in TN. And let's say the mom's name is Maci and the dad's name is Ryan (if you're picking up on this, you're TV habits are as bad as mine ).

Mom and Dad have been to court for child support, but not custody/visitation. Therefore, Mom has full custody, but she gives Dad visitation every other weekend and one or two days during the middle of the week. Dad tells Mom he wants to go to court for a visitation order, so Mom up and moves herself and Son about 120 miles away from Dad.

If Dad files for visitation now, what are the chances Mom will have to bring Son back to county they are from? Or has that ship sailed since Dad did not file before Mom left?

Question: You say about 120 miles away from Dad. Do you how many miles the new residence is from where mom/child lived before?

 

[Isis1]

Booo!! I didn't get the ryan and maci reference!! I saw indulge in the title and thought someone was giving out chocolate

 

[acmb05]

What is the name of your state (only U.S. law)? This applies to TN.

So let's say that an unmarried couple have a two-year-old son in TN. And let's say the mom's name is Maci and the dad's name is Ryan (if you're picking up on this, you're TV habits are as bad as mine ).

I have no idea what show you are referencing

Mom and Dad have been to court for child support, but not custody/visitation. Therefore, Mom has full custody, but she gives Dad visitation every other weekend and one or two days during the middle of the week. Dad tells Mom he wants to go to court for a visitation order, so Mom up and moves herself and Son about 120 miles away from Dad.

Good idea on dads part o get this in a court order just for this reason. Mom could have done this at any time for any number of reasons such as just being po'd at dad.

If Dad files for visitation now, what are the chances Mom will have to bring Son back to county they are from? Or has that ship sailed since Dad did not file before Mom left?

Chances are slim she will have to bring him back unless that 120 miles caused her to leave the state. If he takes this to court she will have to come back for the court date but odds are not good that a judge will make her move back for such a short distance. Since he has been doing every other weekend and one or two days during the week they will have to write up another plan that they can both agree on or the judge will decide for them.

P,S. mom will most likely be made to pay transportation cost.

 

[Ohiogal]

AN MTV series called Teen Mom. Maci and Ryan share a son named Bentley. They live in memphis I do believe and Maci wants to move to Nashville to be with new boyfriend. Ryan's parents and new girlfriend are pushing him to go for custody and prevent Maci from moving. The attorney Ryan saw stated that if he files he can prevent the move.

 

[Isis1]

I hate that show. They pick the dumbest attorneys. I'm constantly ranting and raving at that show when my remote gets lost.

 

[acmb05]

I hate that show. They pick the dumbest attorneys. I'm constantly ranting and raving at that show when my remote gets lost.

I do the same thing when my daughter watches Judge Judy.

 

[neopandora]

AN MTV series called Teen Mom. Maci and Ryan share a son named Bentley. They live in memphis I do believe and Maci wants to move to Nashville to be with new boyfriend. Ryan's parents and new girlfriend are pushing him to go for custody and prevent Maci from moving. The attorney Ryan saw stated that if he files he can prevent the move.

lol. I had no idea - not familiar with the show (which makes me feel really old as I was watching the day MTV first hit the airwaves). Here I was trying to pin down if she moved 100 miles or more to kick in the relocation statute.

 

[acmb05]

AN MTV series called Teen Mom. Maci and Ryan share a son named Bentley. They live in memphis I do believe and Maci wants to move to Nashville to be with new boyfriend. Ryan's parents and new girlfriend are pushing him to go for custody and prevent Maci from moving. The attorney Ryan saw stated that if he files he can prevent the move.

Well I could see that happening. You are talking about a 3 hour or more drive depending on traffic. Dad would be spending half his weekend just driving back and forth to see his child.

Just going by what I see in Family Court in my County, The judge here hates when a parent up and moves across state at the first sign of a court hearing. They seriously think since they are in the same state that he won't make them bring the child back. I have seen it happen on a few occasions.