Tennessee Custody and Child Support Laws

[TiredOfIt]

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.

Any ideas!

[Mr. Knowitall]

You both have lawyers? Are you posting this here because you don't want to follow the instruction of your own lawyer? Which is probably that you should abide by the court order, even if she does not?

[TiredOfIt]

First of all I have never been at issue with the law in any of these matters. The law is the law and I respect it and the judges orders.
Unlike her, I have always abided by the court order what ever it may be.

The issue here is that we don't have a clear cut schedule of the time split. However, as stated we have been doing a week and a week for almost 5 years. Staying with the 50/50 agreement, she had him for 6 weeks this summer and then he was with me for 5 1/2 weeks when she had me served claiming she is custodal parent.

The county court clerk will not issue her an arrest warrant for custodial inteference because she is in contempt of court no matter which old court order she is trying to go by.

Since my 6 weeks was not up when I was served my lawyer says to hold on to him until the court date.

What I am trying to clarify is the signed court order agreeing to joint split physical custody. The DA witnessed both of us signing it and he explained to her she was signing away her custodial rights. He is going to testify to this as well.
Will this order stand or not?
Will the precedent of the previous arrangement be a determining factor?
He wants to testify to the judge that he wants it a week and a week as before. She says he will NOT testify and that she will not bring him to court and she refuses to do a parenting plan which is law in TN now. The lawyers just say go for full custody. That is not what is best for him nor is it what he wants.

I Hope no one else has to deal with this concening their child.