Childs mother moving after being served

[Bcraig]

What is the name of your state (only U.S. law)? Tn
Me and my ex girl just split up 3 months ago and have a 5 yr old boy. I been having her served to court to get my rights to child . They tried two times alread. And we have court date next week. I vant see or talk to my son now. Come to find out she just married a army guy and is planing on moving to a base 5hrs away. Can she move after shes served? Whatcan be done.

 

[Proserpina]

What is the name of your state (only U.S. law)? Tn
Me and my ex girl just split up 3 months ago and have a 5 yr old boy. I been having her served to court to get my rights to child . They tried two times alread. And we have court date next week. I vant see or talk to my son now. Come to find out she just married a army guy and is planing on moving to a base 5hrs away. Can she move after shes served? Whatcan be done.

...you split up 3 months ago and she's already married?!

Were you living with Mom up until the split?

 

[Bcraig]

Yes I was. Kicked out jan. And married april. Its ****. but still looking for my anser. Can she move after being served?

 

[TheGeekess]

Short answer: Yes.

 

[Proserpina]

Yes I was. Kicked out jan. And married april. Its ****. but still looking for my anser. Can she move after being served?

...and to expand a little (perhaps), in TN the presumption appears to be in favor of the relocating parent.

However how much time you've actually spent with your son matters. Who has been his primary caregiver?

http://tinyurl.com/relocation-by-state

(I can't verify every single thing on that site right now, but it has been cited here before)

 

[PQN]

She can move anywhere she likes. Your attorney can ask the court to order your son returned to the area.

 

[Proserpina]

She can move anywhere she likes. Your attorney can ask the court to order your son returned to the area.

Are you in TN by any chance?

 

[Bcraig]

Yes. Im in tn. My son has always lived in memphis and all of his family is here

 

[PQN]

Are there current court orders?
Or will this be the first one?
Has paternity been established?
Prior to moving out in January, how many hours/week did you spend with your son?
How many times/hours have you seen him since?

 

[Bcraig]

No perturnaty. And this is the first time to court. I was aload to talk to him alittle. But now
Im complitly,cut out. She wants me to just go away. But I cant thats my little boy

 

[mistoffolees]

No perturnaty. And this is the first time to court. I was aload to talk to him alittle. But now
Im complitly,cut out. She wants me to just go away. But I cant thats my little boy

OK. Then you have a bit of a battle ahead.

First, you're going to need the court to order a paternity test and establish paternity.

Then, assuming you're the father, you can ask for custody and/or visitation. In your situation, the most likely scenario would be joint legal custody with her having primary physical custody and you having visitation. Since she'll be 5 hours away, you should look up long distance parenting plans for your state and ask for that.

You should also request that child support be ordered in order to be responsible for your child.

If you had established paternity earlier and if you were a major part of the child's life, then you might have some chance of getting an order for the child to be returned, but given your situation, that's not likely.

 

[Bcraig]

Not what I was hopping for. But it does help. Thanks alot

 

[Bcraig]

Just for the record. I am a major part of my sons life. She has 3 other kids, my son being the youngest. With three baby daddys in cluding me. And there dads are not around. My son knows me and knows im his dad. The youngest girl thinks im her dad. Im hoping to god my boy dont think ive abanded him. I have no glue what he is thinking now. Some army guy came back from over seas on leave , married her, and went back over seas two later. She wants to be a army wife, and me just to go away. But not. She suppost to be served. And we have court may19th this coming thursday. In the end my son will know I didnt abanding him,or give up on him.

 

[Proserpina]

Just for the record. I am a major part of my sons life. She has 3 other kids, my son being the youngest. With three baby daddys in cluding me. And there dads are not around. My son knows me and knows im his dad. The youngest girl thinks im her dad. Im hoping to god my boy dont think ive abanded him. I have no glue what he is thinking now. Some army guy came back from over seas on leave , married her, and went back over seas two later. She wants to be a army wife, and me just to go away. But not. She suppost to be served. And we have court may19th this coming thursday. In the end my son will know I didnt abanding him,or give up on him.

How often did you see and spend time with the child?

Again, TN seems to favor the relocating parent. So you'll need some damn good reasons why Mom shouldn't be allowed to relocate.

 

[Bcraig]

Untell this mess. Saw him every day. We lived together. As of jan 6th. Ive only got to see him for three hr. 1 1/2 months ago. Now I cant see or talk to him. Last time t tried. 4 days ago she said she would have to ask her husband if I could. And that blows me away. Keep in mind she has no glue shes get served. Or that im coming for rights. Ive been told face book. Mail couldnt be used in court because u cant prove who wrote it. is that true? Thats how we have been talking.