How Can I Stop My Ex from Moving with My Child?

Even though you may be the non-custodial parent while your ex is the custodial parent, you may still have joint legal custody rights. This means that you have an equal say in if and where your minor child moves to. This is not to mention that you still have rights to a court-ordered parenting time and visitation schedule. So, if you believe that your ex is ready to pack up and go soon, please continue reading to learn how you can stop them from moving away with your child and how one of the experienced Clarksville child relocation lawyers at Fendley and Birch can help you stay close to your child, both physically and emotionally.

How will I know if my ex wants to move with my child?

Your ex must comply with a formal legal procedure before they can change residences with your child. That is, they must provide you with adequate notice of their intended relocation at least 60 days before their intended moving date. This notice must be in writing and delivered by registered or certified mail. Within this notice, your ex must detail the new location they intend to move to, the reason behind the move, etc. Of note, though, you must understand that this process may only be mandated if your ex wants to relocate out of state or more than 50 miles away within the state of Tennessee.

How can I try to stop my ex from moving with my child?

Your ex’s written notice should inform you of your legal right to file an objection with the Tennessee family court. Of note, you must contest the move within 30 days of receiving this formal notice. From here, you may initiate court proceedings. On the one hand, your ex may present why the proposed move would be best for your child. For example, they may claim that the new location has better educational opportunities for their child. Or, better employment opportunities for them, which would make financially supporting your child easier.

You may counter your ex’s claims by demonstrating how this relocation would be a great disservice to your child. For one, you may state that your child does not have the emotional strength to adjust to this big move adequately. Or, on the flip side, your child has reached an age of emotional maturity, and has clearly expressed their disinterest for moving. Lastly, you may have proof that your ex has been uncooperative with coparenting since the divorce. This may deepen your fear that this move will cause a rift in your court-ordered parenting time and visitation schedule, and further, your relationship with your child.

Before you find yourself in an even worse position, you must retain legal representation from Fendley and Birch. One of the skilled Clarksville family lawyers from our firm will guide you on what to do.