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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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State of TN - Newly divorced Joint custody 50%/50% 7 days

Customer Question

State of TN - Newly divorced
Joint custody 50%/50% 7 days with Dad and 7 days with Mom - Working well

My X wife - now wants to move to TX to be closer to her boyfriend and take my daughter with her. I said no - she has petition or filed saying her intent is to move...

What can i do to stop her from breaking up me and my child
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
How old is the child
Customer: replied 7 years ago.
7
Expert:  lwpat replied 7 years ago.
I know that you are not going to like what I have to say but you are asking for an honest opinion. You have two things going against you. One is that we are in a very mobile society now and permission to move is normal. Second is that courts do not like to remove a young female child from the mother. You have a large burden to overcome.

To get primary custody and her only visitation you are going to have to show that it is not in the best interest of the child to move. One way is if there is another major caretaker like a grandmother. Another would be the opinion of a therapist or guardian ad litem. The danger is that you will have to pay for their opinion and it may be against you. Those are the two major things that will get the attention of the judge. Good luck to you and thanks for using JA.
Customer: replied 7 years ago.

If the court says she cannot take her what then?

 

I was awarded 50% custody ... can i force her to pay to transport emma back to me at her cost on my revised visitation?

 

this is a nightmare...

she will be(NNN) NNN-NNNNmiles away from any relatives.

 

My x may have an elderly uncle in the houston area but we have had zero contact with him in 10 yrs - my daughter does not even know him.

Expert:  lwpat replied 7 years ago.
If the court says no and she moves then you would get primary custody.

Here is the Texas standard visitation

http://www.texasfamilylawinfo.com/visitation.htm

I do not know what the standard is in Tennessee since that court will retain jurisdiction but I would think it would be along the same lines.

An accept for my time is always appreciated.

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