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Changing Custody Once a Biological Father is Located

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  • 08-06-2014, 02:24 PM
    jedediah77
    Changing Custody Once a Biological Father is Located
    My question involves a child custody case from the State of: tennessee
    Is the courts discovery of a father (who has been part the childs life fighting thru bogus contact info ;only guilty of living in another state)enough of a CoC to modify custody
  • 08-06-2014, 02:28 PM
    Dogmatique
    Re: How Could This Happen
    From your other thread: http://www.expertlaw.com/forums/show...ht=#post823470

    What exactly are you asking?
  • 08-06-2014, 02:53 PM
    llworking
    Re: How Could This Happen
    Quote:

    Quoting jedediah77
    View Post
    My question involves a child custody case from the State of: tennessee
    Is the courts discovery of a father (who has been part the childs life fighting thru bogus contact info ;only guilty of living in another state)enough of a CoC to modify custody

    You are unfortunately doing a poor job of explaining the situation, both in this thread and in your other thread. If we cannot understand what is going on, we cannot help you. How about you try starting with a timeline?
  • 08-06-2014, 05:42 PM
    jedediah77
    Re: How Could This Happen
    I am an unwed father of one minor girl who has 2 half brothers belonging to the same man.I received a petition for support 7/14 from a lady i havent met drove to tn got all the court records of which i was not mentioned in any of them.the mother was deemed unfit and custody was granted to this lady i was never contacted my question was does the courts discovery of a bio father meet the Change of Circumstance needed to modify custody.new to the forum just looking for answers
  • 08-06-2014, 06:12 PM
    Dogmatique
    Re: How Could This Happen
    No. but I'll explain a bit.

    When custody is first decided, one of the parents usually becomes the "primary". If something happens, then either the other parent is considered or a third party can be considered. If they can't find the other parent, then they're left with a choice between a third party or the State, though sometimes those two are the same "thing".

    So.

    Now you have a situation where Mom was unfit and you weren't contacted. Ordinarily you can petition yourself and see what happens. Very often, you'll get custody....but if you're a complete stranger, the court can legally decide to leave the child where she is (this is more common than you might think).

    The reason why it's not a CoC (change of circumstance) is because it's not a change in the child's situation but the court can overlook that if it chooses.

    Make sense so far?
  • 08-07-2014, 03:23 AM
    jedediah77
    Re: Changing Custody Once a Biological Father is Located
    Yes thank you just dissappointed in effort to find me .Child has my last name .should have filed for custody when i had her down here last year
  • 08-07-2014, 03:36 AM
    Dogmatique
    Re: Changing Custody Once a Biological Father is Located
    You're still not explaining too well.

    Mom was declared unfit and the court awarded custody to a third party - we have that right?

    But in the meantime, nobody came looking for you?

    Have you gone to the courthouse (or at least called to see what it would take) to see what exactly is on file?
  • 08-07-2014, 06:46 AM
    BooRennie
    Re: Changing Custody Once a Biological Father is Located
    Quote:

    Quoting jedediah77
    View Post
    Yes thank you just dissappointed in effort to find me .Child has my last name .should have filed for custody when i had her down here last year

    If she wasn't with you more than six months, then the state you reside in would not have jurisdiction.
  • 08-07-2014, 11:53 AM
    SESmama
    Re: Changing Custody Once a Biological Father is Located
    Was paternity ever confirmed by the courts or were you and mom married when the child was conceived/born?
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