If I’ve legally seperated from my husband for 2 years now, what petition to file in order to get full custody?

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If I’ve legally seperated from my husband for 2 years now, what petition to file in order to get full custody?

I have been sole provider for those 2 years. We never finalized the divorce but now I want to move out of state to better our lives.

Asked on December 5, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally these are known as "conversion" divorces in that the separation is converted to a divorce after the statutory time frame has passed.   Here the two years.   It is my understanding that you file a supplemental complaint to the Complaint for Separation under the same index number.  You need to allege that you have not reconciled and now wish to be divorced, although the particulars are best discussed with ana ttorney there.  If your agreement does not address moving, the state of Tennessee has a relocation statute that spells out what you need to do in the event that you wish to relocate after the divorce and custody are finalized.  I will give you a link to it below.  Good luck.

http://www.lrcvaw.org/laws/tnrelocation.pdf


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