Going through a divorce for two years now and my daughter had went through crazy stuff in the midst.. I want to leave state with her because every time I turn around her father steals her from me and I don't see her for a month or two at a time.. we are legally separated and have had many parenting plans but none are in effect as of right now.. she started pre-k this year and he just recently got out of jail for murder and he took her from me and changed her schools and everything.. I am done playing his games.. I can do the same and get her and keep her but how it always plays out is that he gets her and does it all over again and I can't put her through that.. as of now I do not have her and have not seen her in a month.. I know it sounds crazy but legally he can do all this because its 50/50 right now because nothing had been done with divorce.. so can I leave with her to start all over and get out of this mess.

You can leave with her unless a court has decreed that you can't.
You can't leave to parts unknown.
Why didn't you finalize the divorce? Two years? You don't have to pause while someone's in prison.
Why haven't you gone back to Family Court to get full custody instead of 50/50? I'd think the prison term for murder would be interesting to the court, not to mention all the times he has taken her for too long.

Do you have an attorney? I suspect not, because you seem to be getting bad advise.

Any question on law needs to include your general locale as laws vary by area. But I think you will find that its not legal for him to hide your daughter from you. Yes, if you have joint legal custody with no visitation plan, he can keep your daughter, but he has to inform you where they are.

Well to beat it all he only got 6 months for voluntary manslaughter don't ask me how.. and he took first plea.. but I had just had a baby a week prior to this happening. So he was only in county jail. And my lawyer isn't doing nothing for me but jeeps reissuing parenting plans.. financially I am trying to get another lawyer but I am just done with it.. also be I was pregnant durin first year of divorce I was not aloud to divorce while pregnant and because of child support and the state I can't get a diorce until the child I had durin divorce is proved not his.. then I can divorce.. so yea long process because I moved on. But the dna test has been in the making for 6 months now and I can't make the process any faster. The husband is the only one who can make that process faster and I guess he don't care.. but he might if I get child support on him for this kid that's not his.. but I am so over everything anf tired and want to be stress free and just get my daughter out. He is strung out on drugs and alcohol and does the needle. She don't needtobe ariund that or see it anymore

Yea he won't tell me an address of where he is at.. when I have let his whole family in my home and never hid from anyone.. and I have moved in the last month and have decided to not let that happen again because it seems when I'm nice this is what's done to me.. he even went to the extent on calling children services on me and saying I abused my kid.. and before they could finish the case he was locked up for murder.. and they closed the case. Yes I shouldve done more while he was in jail and couldve but I didn't havr the resources to do so. I was in a bad spot.. I was taking care of 4 kids mine and my bfs and we were broke doing so. And I am in Tennessee.. they have sone crazy laws.. and even with a parenting plan it seemed every time it wa not followed on his part I would get a cop involved and the only thing they could do was document it and that was it. Never once helped me to get her.. so I gave up on parentig plan..

My attourney isn't worth nothing.. he knows about everything and just wants to keep reissuing a patenting plan. I know if I got in front of a judge he would raise hell because of what he has done. Especially taking her out of school and putting het in another one for no good reason

So get a new attorney or handle it yourself. Yes you need to get this in front of a judge. You need to get primary legal and physical custody. You need to get child support. You need to have him cited for parental interference for hiding the child from you.

I know. I already have money tied into this one and I know any other lawyer would eat this up because it's a win for me all the way ariund.. but it seems to never work in my favor.. I have tried retraining order and they couldn't find him to serve him papers of it.. its crazy.. I have never heard of someone going through this much in a divorce and that isn't even the half of it.. he has overdosed and laid up in hospital for a week OK life support. I have tons of police reports of being folliwed by him and his family and from taking our daughter. I thank you for your advice. I like to know that I'm not the only one that sees crazy in this situation. Ppl that are on drugs seems to get the whole world and us that are good and do nothing get dealt with nothing


So get a new attorney or handle it yourself. Yes you need to get this in front of a judge. You need to get primary legal and physical custody. You need to get child support. You need to have him cited for parental interference for hiding the child from you.

You can leave with her unless a court has decreed that you can't.....

Actually, many some states, once a divorce is pending neither parent can leave without first getting approval of the court, even if there isn't an order in place. It's going to depend on which state it is.

Tennessee

Tennessee


"36-6-108 (http://www.lexisnexis.com/hottopics/tncode/). Parental relocation.

(a) If a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following:

(1) Statement of intent to move;

(2) Location of proposed new residence;

(3) Reasons for proposed relocation; and

(4) Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice.

(b) Unless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking to alter visitation. The court shall consider all relevant factors, including those factors enumerated within subsection (d). The court shall also consider the availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent. The court shall assess the costs of transporting the child for visitation and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation.
..."

[INDENT]"36-6-108 (http://www.lexisnexis.com/hottopics/tncode/). Parental relocation.


Did I miss where the OP asked about relocation?