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Can I stop my ex from moving with our child after we divorce?

Losing time with one's own child due to divorce or separation can be devastating for a parent in Tennessee who wants nothing more than to support their child and bestow as much love upon them as possible. However, as readers of this blog know, after the end of a relationship parents must work out arrangements that involve the custody of their children. In some cases parents will share physical and legal custody of their kids, but in other cases parents may find themselves without custodial rights. Whether a parent has physical custody of their child will have a big influence on how the matter of parental relocation will be resolved.

If two parents have shared physical custody of their child, then the parent who does not want to see their child move with the other parent may have a case for arguing against the relocation. Depending upon the distance of the move, the other parent may no longer have as much time with their child and may be unable to meet their custodial commitments. A parent with custody of their child can, though, expressly allow their ex to move with their child if they are willing to rearrange their parenting plan.

A parent who lacks custody of their child can still work to prevent their child from moving with their other parent. Though they may not be able to rely on their custodial powers, they may still be able to argue that taking the child is not in the child's best interests and that their visitation rights with their child would be infringed upon.

One way to address difficult child custody matters such as these is to seek professional legal guidance. The unique factors of one's case will influence their outcome and because of this readers should not rely on this post as legal advice.

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Law Office of Sam Byrd
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Chattanooga, TN 37415

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