Custodial mom Moving child out of State

[mcwjjm]

What is the name of your state (only U.S. law)? Tenn. A friend divorced and was granted full custody in 2001 while both parties lived in Tenn. Dad saw child every 4-6 weeks. Mom moved to Ky in 2005 and both parties worked out a visitation plan out of court. Original parenting Plan and Custody / Support arrangements weren't legally changed. Dad saw child every 6-8 weeks. Now mom wants to move to Florida and gave father 30 days notice but Ex's attorney say she can't without his written permsssion. He won't do that w/o demands like further reduction in C/S.

There is no stipulation regarding moving in their Parenting Plan or Divorce Decree. Can she legally move or not? I'm assuming because the decree was written in Tenn. that would take precedent, not where she lives now [Ky]. Thanks in advance.

 

[CJane]

How far away do the parents live NOW and how far away will they live after the relocation?

Since Mom has lived in Kentucky for the past 4 years, and Dad has seemingly been ok with visitation every 6-8 weeks, it's unlikely he could prevent a relocation at this point as long as that amount of time is still offered.

What he CAN do is go to court and get an enforceable long distance plan in place.

 

[mcwjjm]

Thanks CJane. Currently the two parties live only two hours away. After the move they will be 8 hours away. The father has to travel for work three weeks every month and only sees his daughter every 6-8 weeks. The air travel cost between Fla. and Dad is about the same as gas for the the four hour drive. So it doesn't seem the move will impact his parenting that much. Mom says the move will be a major upgrade for the child's schooling as she's enrolled in a special program for gifted kid's.

Since Dad has offered to "ok" the move if she reduced C/S it seems to me that Dad's true concerns are pretty transparent regarding his daughter.

 

[CJane]

Thanks CJane. Currently the two parties live only two hours away. After the move they will be 8 hours away. The father has to travel for work three weeks every month and only sees his daughter every 6-8 weeks. The air travel cost between Fla. and Dad is about the same as gas for the the four hour drive. So it doesn't seem the move will impact his parenting that much. Mom says the move will be a major upgrade for the child's schooling as she's enrolled in a special program for gifted kid's.

Since Dad has offered to "ok" the move if she reduced C/S it seems to me that Dad's true concerns are pretty transparent regarding his daughter.

Dad's "concerns" re: child support are irrelevant as far as that goes.

Honestly, the only way that a parent can successfully fight a relocation is if they are a logical choice for the judge to award custody to. And that generally only happens if the child's life will otherwise be largely unaffected by the move - such as, their school would stay the same, they'd remain in home community, etc.

Dad clearly isn't going to end up with primary custody, and the courts cannot force MOM to stay in Kentucky, nor can they force the CHILD to remain in Kentucky when Mom wants to relocate and Dad lives out of state.

Mom needs to examine her custody order and/or TN statutes as they relate to notification of relocation and follow them. But the chances of Dad stopping the move are slim to none.