child custody upon relocation

Many factors go into a child custody decision, not just the fact that you are the mother and the father had a previous DUI.  The Court will consider any agreement between the parties; the child's wishes if age appropriate; the rights of the parents; any special needs of the children; the moral, phsycial, and financial capacity of the parties to meet the needs of the child; surroundings; sex of the child and the custodian; nature of religious training for child; likelihood of removal from the court's jurisdiction; and the separation of children.  Additionally, T.C.A. 36-6-106 directs the court to consider all relavant factors including the following: (1) the love, affection, and emotional ties existing between the parents and child; (2) the disposition of the parents to provide the child with food, clothing, medical care, education, and other necessary care and the degree to which a parent has been the primary caregiver; (3) the importance of continuity int he child's life and the length of time the child has lived in a stable, satisfactory environment; (4) the stability of the family unit of the parents; (5) the mental and physical health of the parents; (6) the home, school, and community record of the child; (7) the reasonable preference of the child, if the child is 12 years of age or older; (8) evidence of physcial or emotional abuse of the child, of the other parent, or of any other persons; (9) the character and behavior of any other person who resides in or frequents the hom of  a parent and such person's interactions with the child, and (10) willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent.  When it is likely, as in your case, that one parent plans to move frm the state, the court may properly consider that fact as affectng the bes interest of the child in determining custody, in granting conditional custody, or in establishing a protective order restricting the right of the custodial parent from removing the child from the state.  How involved has the father been during the life of the child?  Is the father also from the same country and/or have family in the other country?  All cases have unique facts and it would be worth your time before you file to consult with an attorney on this issue.  Good luck to you.