Emergency Custody Granted to Ex After a Domestic Violence

My question involves a child custody case from the State of: Tennessee/Michigan

My ex and I were separated in 2011. We were married in the state of Tennessee and after we split I moved to my home state of Michigan with our two children, ages 8 and 9 now. They both have gone to school here in the state of Michigan from kindergarten and are currently in 4th and 2nd grade. At the divorce I became the primary parent, having them all school year and my ex in the summer where we would rotate holidays in between. Since our divorce became final, he has then re-married, which is besides the point I think but not sure if it will make any difference in what im going through currently.

Over the last 2 years I was in a relationship with a man I knew from here in Michigan. One night we got into a fight and it got extremely out of hand, and we both went to jail.. The children were in the house at the time. I got out of jail and a child protective services lady talked to my kids at school, and did a surprise visit at my home. She came in, looked around and said that the case would close in 30 days, and they would call when they closed it. She never gave any concern to the children being in danger, and never said anything about having them removed.. Since the jail incident, the boyfriend and I have split and neither one of us have talked since the night we went to jail. That relationship is over.

The children went to their fathers over Christmas break. They were due to be home today, the 1st of January 2015. I received a text from my Ex last night around 5 oclock pm asking when I was going to fill him in about me going to jail. He then proceeded to send me a picture text with an order of Emergency custody and stated that we have court on the 6th in Tennessee at 1pm, and I can either "come or not come, it makes no difference"..

I go to court on the 5th for the domestic, which the lawyer is saying there is a good chance that it will get dropped and the charges dismissed. At which point I will be going right down to Tennessee to get ready for the Emergency hearing.

I have never known anyone, nor do I know what to expect at the first court date for the Emergency hearing, and I am looking for anyone who can fill me in?.. What things do I need to take with me to prepare, what are the chances of my children coming home with me on the 6th? They are due to start school back up here in Michigan on the 5th, that is when their Christmas break ends. How does an Emergency custody hearing generally work? I am at a total loss and don't know what to do, or what to expect. Since it is a holiday, there are no lawyers in office today, and possibly none to be in office on Friday as well.. Leaving me ONE day to get in contact with a lawyer and hopefully hire one BEFORE my court date the next day the 6th. Do I need to HAVE a lawyer present the day I go to the hearing? The children have never been abused, they are good students and good children. Although there was a domestic issue, I would never and will never put my children in harms way like that ever again, and have since made life changes to ensure that it never does happen again.

If anyone can give me any insight as to what to expect, I would really appreciate it.

Thank you

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Quoting bugger123

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My question involves a child custody case from the State of: Tennessee/Michigan

My ex and I were separated in 2011. We were married in the state of Tennessee and after we split I moved to my home state of Michigan with our two children, ages 8 and 9 now. They both have gone to school here in the state of Michigan from kindergarten and are currently in 4th and 2nd grade. At the divorce I became the primary parent, having them all school year and my ex in the summer where we would rotate holidays in between. Since our divorce became final, he has then re-married, which is besides the point I think but not sure if it will make any difference in what im going through currently.

Over the last 2 years I was in a relationship with a man I knew from here in Michigan. One night we got into a fight and it got extremely out of hand, and we both went to jail.. The children were in the house at the time. I got out of jail and a child protective services lady talked to my kids at school, and did a surprise visit at my home. She came in, looked around and said that the case would close in 30 days, and they would call when they closed it. She never gave any concern to the children being in danger, and never said anything about having them removed.. Since the jail incident, the boyfriend and I have split and neither one of us have talked since the night we went to jail. That relationship is over.

The children went to their fathers over Christmas break. They were due to be home today, the 1st of January 2015. I received a text from my Ex last night around 5 oclock pm asking when I was going to fill him in about me going to jail. He then proceeded to send me a picture text with an order of Emergency custody and stated that we have court on the 6th in Tennessee at 1pm, and I can either "come or not come, it makes no difference"..

I go to court on the 5th for the domestic, which the lawyer is saying there is a good chance that it will get dropped and the charges dismissed. At which point I will be going right down to Tennessee to get ready for the Emergency hearing.

I have never known anyone, nor do I know what to expect at the first court date for the Emergency hearing, and I am looking for anyone who can fill me in?.. What things do I need to take with me to prepare, what are the chances of my children coming home with me on the 6th? They are due to start school back up here in Michigan on the 5th, that is when their Christmas break ends. How does an Emergency custody hearing generally work? I am at a total loss and don't know what to do, or what to expect. Since it is a holiday, there are no lawyers in office today, and possibly none to be in office on Friday as well.. Leaving me ONE day to get in contact with a lawyer and hopefully hire one BEFORE my court date the next day the 6th. Do I need to HAVE a lawyer present the day I go to the hearing? The children have never been abused, they are good students and good children. Although there was a domestic issue, I would never and will never put my children in harms way like that ever again, and have since made life changes to ensure that it never does happen again.

If anyone can give me any insight as to what to expect, I would really appreciate it.

Thank you

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Which state handled the divorce and the original custody orders? In which state did he file for emergency orders?

we were married in Tennessee and the divorce took place in Tennessee as well. He filed for emergency custody in Tennessee and was granted yesterday 12/31/14. My boys and I have lived in Michigan since 2011. our divorce was finalized sometime in 2012

What were you charged with, when and what was the disposition?

Domestic violence, and I was arrested on 12/9 I am due in court on the 5th of January 2015.

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anyone?

If it were me I would be hiring a Michigan lawyer to file a custody action in Michigan, along with a UCCJEA petition, then have another lawyer in Tennessee petition that court to release jurisdiction to the Michigan court based upon Michigan's being the more convenient forum. I would not suggest proceeding with this as a do-it-yourself project.

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Quoting Mr. Knowitall

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If it were me I would be hiring a Michigan lawyer to file a custody action in Michigan, along with a UCCJEA petition, then have another lawyer in Tennessee petition that court to release jurisdiction to the Michigan court based upon Michigan's being the more convenient forum. I would not suggest proceeding with this as a do-it-yourself project.

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I couldn't agree more (surprising, I know).

This is far too complex for even a well-informed, experienced pro se litigant to handle.

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Quoting Mr. Knowitall

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If it were me I would be hiring a Michigan lawyer to file a custody action in Michigan, along with a UCCJEA petition, then have another lawyer in Tennessee petition that court to release jurisdiction to the Michigan court based upon Michigan's being the more convenient forum. I would not suggest proceeding with this as a do-it-yourself project.

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Thank you. However the issue I am having is that since its a holiday no lawyers are in office until Monday. In the event I cannot come up with a lawyer before the 6th, what can I expect?

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Quoting bugger123

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Thank you. However the issue I am having is that since its a holiday no lawyers are in office until Monday. In the event I cannot come up with a lawyer before the 6th, what can I expect?

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Tomorrow is technically not a holiday. I'd sit down and call as many as you can. You might get lucky.

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Quoting geek

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Tomorrow is technically not a holiday. I'd sit down and call as many as you can. You might get lucky.

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Trust me I've already tried several lawyers and I plan to try again first thing in the morning and all throughout the day. However, I am still at a loss asto what iI can expeexpect on Tuesday when I go to Tennessee for the emergency custody hearing? Will the judge hear my side, will I be able to show him any letters I have received from teachers and so on? Or will he/she just grant the custody to my ex and be done? Also, when an emergency order is put in place does that eliminate the parents rights? I haven't spoken to my children since Christmas day, and have texted and called asking when would be a good time to talk to the boys but my calls are ignored right away or I receive no response in text.

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Quoting bugger123

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Trust me I've already tried several lawyers and I plan to try again first thing in the morning and all throughout the day. However, I am still at a loss asto what iI can expeexpect on Tuesday when I go to Tennessee for the emergency custody hearing? Will the judge hear my side, will I be able to show him any letters I have received from teachers and so on? Or will he/she just grant the custody to my ex and be done? Also, when an emergency order is put in place does that eliminate the parents rights? I haven't spoken to my children since Christmas day, and have texted and called asking when would be a good time to talk to the boys but my calls are ignored right away or I receive no response in text.

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You will get to tell your side...and no, emergency orders do not eliminate parental rights.

Thank you

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Quoting bugger123

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Trust me I've already tried several lawyers and I plan to try again first thing in the morning and all throughout the day. However, I am still at a loss asto what iI can expeexpect on Tuesday when I go to Tennessee for the emergency custody hearing?

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Try finding a lawyer through the AAML directory. Last I checked, part of the qualification for membership included testing on UCCJEA issues, and in my experience its members tend to be involved in more complex cases. The downside is that they tend to be on the expensive side -- but you want to be absolutely sure that you get a lawyer who knows what he or she is doing and understands the importance of moving this case to Michigan (if possible).

Depending on the county involved, particularly in more rural areas, you may find that there's something of a "good old boys" relationship between the judge and certain members of the local bar. If that's the type of environment you're dealing with, you may be best served by a lawyer who is well-connected within those circles.