I need some help here.
4 yrs. ago my ex and myself agreed to joint split custody (50/50) of our son. No child support is owed and we have been doing a week and a week for almost 5 years.
A year ago she married husband # 4 about 6 months later she moved to Texas. (She has moved 7 times in less than 2 years.) He stayed with me in TN. She has now moved back and has decided it was never joint split custody and pulled out an 11 yr. old court order and its' not even the latest one. She also claims the visitation is now Friday to Sunday.
Here is the issue.
When we made the agreement it was before the child support referee an assistant DA. It clearly states split physical custody and is signed by a circuit judge and is in the courts files. However, we never had the custody order changed to reflect this change.
As I understand it the TN law drops the child support when and only when joint split custody is agreed upon. It this not the case, shouldn't the signed court order stand? The lawyers seem confused.
Our son is 14 and has requested to testify to the judge. All he wants is for it back to like it was. She insists on telling him it was never that way. He doesn't want to call her and doesn't want to go back to stay with her unless it is 50/50 again. Meanwhile he is with me and I don't feel compelled to make him go back until we go to court. I am not refusing to let her see him but if he goes to her house she will not bring him back nor will she bring him to court. We went through all this back in 1995 when she said she decided I would never see him again. The judge won't do anything to her but tell her not to do it a gain so she continues the same old song.