Moving question for my sister

[thetsgtswife]

What is the name of your state? She is in TN

Ok you are going to need a little history to be able to give your legal thoughts on this so bear with me.

My sister was raped at 15 and my nephew was a product of that rape. The man that raped her was brought before a court and was prosecuted. He plead down to Sat. Rape and served his sentence. He's now out on parole.

Through the course of all of this a paternatiy test was done and it was established that he is the father of my nephew but there is no Visitation Order to go with the Child support order. In fact one of his conditons is no contact with children of any kind. If he misses a payment though he goes back to jail to serve our his term as a condition of his parole.

So to my question. My nephew is now 4 and my sister is 19 and wants to move to england. Does she have to get permission from the court to move with my nephew or can she just move since there isnt a visitation order in place?

My fear is that if she were to move without following the right procedures that this man could petetion the court for custody of my nephew and could possibly gain custody if she didnt take the right steps before she left.

She will not move if she will risk losing my nephew so I wanted to get your thoughts on this and how she should handle this from a legal standpoint.

Thank you in advance for any advice you can give me to pass on to her.

TSGTSWIFE

 

[BelizeBreeze]

To answer correctly we would need ot know what exactly the custody order states. Or, if there IS a custody order in place.

 

[thetsgtswife]

There was no custody order issued or a visitation order. The judge just ordered him to pay support each week as a conditon of his Parole.

TSGTSWIFE

 

[BelizeBreeze]

There was no custody order issued or a visitation order. The judge just ordered him to pay support each week as a conditon of his Parole.

TSGTSWIFE

Then unless her attorney (hint) suggests differently, and unless she has other conditions placed upon her by the court, she can move her bootie, move sun and stars and yes, move to Europe if she wishes.

 

[thetsgtswife]

Then unless her attorney (hint) suggests differently, and unless she has other conditions placed upon her by the court, she can move her bootie, move sun and stars and yes, move to Europe if she wishes.

K she doesnt have an attorney, through all of this a Victims avocate and the DA's office walked her through the few legal processes she needed at the time(paternity, CS and prosecution) so maybe she could contact them to get thier thoughts on it too.

I am really hoping that can get make this move and start a new life. She deserves this opportunity.

Thanks!!

TSGTSWIFE