If you apply in the child`s “country of origin”: you can apply for temporary custody (or emergency assistance) if you apply for custody in the child`s home state, the state in which the child has lived for 6 consecutive months. Depending on the state, you can apply for temporary conservatory custody as part of a normal child care application or there are additional forms that you must submit. You may need to prove that the child is in danger to obtain custody. However, you still cannot remove your child from the state, even if you have temporary custody – it may depend on what the order says. If you know you are considering leaving the state, ask the judge to accept permission for you to leave the state in the custody order. That`s the judge`s decision. Finally, relocation laws apply even in the absence of a custody decision. When a parent or guardian leaves the state and picks up their child, the non-moving parent can request the child`s immediate return pending a relocation hearing. The purpose of any custody agreement is to preserve your child`s best interests. If you leave the state, it could complicate your custody agreement. Therefore, you may need legal authorization to travel. Sometimes women have to leave and take their children with them to be safe.
You know better if you have to leave to stay safe. In the case of such disputes, the courts decide whether the transfer of custody is in the best interests of the child. If not, they may require the parent to remain in the state. If you plan to travel with your child a-state or international, always make sure you have the consent of your child`s other parent. Also confirm that you have this consent in a signed, notarized document to avoid future complications and litigation. There may be a number of reasons why one parent may not grant travel permission to the other parent. Travel can affect the child`s school plan or educational plans. The parent may place the child in potentially dangerous situations, including hazardous environmental risks or hazardous weather conditions in which the child may be exposed to injury. Under Tennessee law, a spouse is presumed to be the father of a child born or born during his or her marriage.
If this presumption does not apply to you, you must determine your ancestry through a formal paternity procedure. This must be done before you can apply for custody or visitation (and also before you can apply for a court order allowing you to move with your child to another state).