Results 1 to 10 of 10

Hybrid View

  1. #1
    Join Date
    Mar 2014
    Posts
    4

    Default Recovering a Child From the Grandparents' Custody

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

    I have a 2 year old son whom i only got to see for the first 3 months of his life, after this time i was literally forced to move out of our home (The mother and i with child lived in the same house). I tried to work with her to see my son afterward but she was so bitter that she told me she didnt want me around and " would do it all by herself".

    Fast forward to age 12 months. Over the past 9 months i begged, pleaded, yelled, whatever i could think of but it did no good whatsoever so i took it to court by filing an order for visitation with my county juvenile court. The court date finally came, she had an attorney and i didnt, the court tried supervised with an eventual graduation to in her home weekly visitations which went well for 4 weeks and then we graduated to in home although Her attorney tactically saw to it that i would not be able to make the time frames by arguing the hours of visitation to interfere with my work schedule but it didnt really make a difference because even when i started taking off work early she would come with an excuse as to why i could not come (the ball was in her court, she owned me at this point).

    Long story short, we went back to court to do our "check in" , she didnt show although her attorney did, i informed the judge of her actions and the judge said it would be reset for another date (They would inform me by mail or phone) and told me that if she didnt comply i could end up with custody. I never heard a word although as ive been told the last order in place is what we should go by.

    I have checked in with the court, with her attorney (no help ofcourse lol) and i have an inside man in a way because she also has another son with a man and we have become aquainted. I found out that she had moved 2 hours away from our hometown ,without my son or her other son. One child lived with her grandparents, my child lived with her father and stepmother for a period of greater than 8 months.

    Well, the crap hit the fan because the father of her other son was already in a custody battle with her over the last year and in her deposition she admitted to living 2 hours away and not having her children and for that matter got caught in so many lies that her attorney relieved himself of duty and the father of her other son got full custody and she is ordered to pay child support.

    Next, we have the father and stepmother of this woman raising my son, and now these two are getting a divorce (already living seperate as of 3 weeks ago, her father now raises my son alone) so she comes back into town and wants to take my son to which her father replies with an absolutely not. Now THESE TWO are hiring attorneys (remember her original quit her) and have filed paperwork back and forth at each other over the past 2 weeks obviously the father is claiming she is a dead beat mom and she is ..well, im not sure what she claims besides thats my son and i need the child support.

    I want custody of my son, i always have i just didnt get a fair shake from the get go because everyone believed she was so perfect and the judge in the original juvenile court case was friendly (were talking bar buddies freindly) with her original attorney. I know there is a good chance of this, and i am basically a model citizen comparitively speaking to her. My income and home are sufficient, i have no felony record, i have always paid child support. What steps do i take to get this thing knocked out? I know im at a disadvantage because i have not been allowed to see him and that looks rather bad but i think it can be overcame. Please help!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    Please clarify one thing for me.

    Mom isn't living with the child and her parent has decided to file for custody, too?

    Because if that's the case, it does NOT help you at all. (Why? Because this will go in Mom's favor, and your task just became a bit more difficult)

  3. #3
    Join Date
    Mar 2014
    Posts
    4

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    I dont think Moms father has filed for custody i think mom has just filed some type of petition to get her son back all of a sudden. Moms father denied the mother of taking the child after mom left him for 8-12 months in Moms parents care while she was collecting child support from me , the argument between them seems to be who gets my child support and that the mom is not a fit parent.

    Im no attorney but Tennessee state law says that parents rights trump grandparents rights to children bar none, and i assumed it may help my case because it makes things rather obvious that she is unfit with her own fathers testimony saying so, and it being public knowledge that she abandoned him and he is just a grandparent.

    I should be first in line to receive custody given the situation in my eyes, maybe im wrong, this is why im here!

  4. #4
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    Quote Quoting john1979
    View Post
    I dont think Moms father has filed for custody i think mom has just filed some type of petition to get her son back all of a sudden. Moms father denied the mother of taking the child after mom left him for 8-12 months in Moms parents care while she was collecting child support from me , the argument between them seems to be who gets my child support and that the mom is not a fit parent.

    Im no attorney but Tennessee state law says that parents rights trump grandparents rights to children bar none, and i assumed it may help my case because it makes things rather obvious that she is unfit with her own fathers testimony saying so, and it being public knowledge that she abandoned him and he is just a grandparent.

    I should be first in line to receive custody given the situation in my eyes, maybe im wrong, this is why im here!
    There's a vast difference between what the state considers unfit and what a layperson might consider unfit.

  5. #5
    Join Date
    Mar 2014
    Posts
    4

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    No offense, but i think maybe you missed the part about this same exact woman losing custody of her other son 2 weeks ago in the same court we would go to for being unfit/ abandoning the child.

  6. #6
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    Quote Quoting john1979
    View Post
    No offense, but i think maybe you missed the part about this same exact woman losing custody of her other son 2 weeks ago in the same court we would go to for being unfit/ abandoning the child.
    Because STATUS QUO was with Dad of her other child. She didn't 'abandon' the child. She left the child with his father. Big difference there legally.

    But YOU left Junior living with Grandpa and Granny for that long. Does that mean you "abandoned" your child? You've had months to take care of this situation legally and you didn't.

    Not sure if that makes you any better than Mom. I don't think it does.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    Quote Quoting john1979
    View Post
    I dont think Moms father has filed for custody i think mom has just filed some type of petition to get her son back all of a sudden. Moms father denied the mother of taking the child after mom left him for 8-12 months in Moms parents care while she was collecting child support from me , the argument between them seems to be who gets my child support and that the mom is not a fit parent.

    Im no attorney but Tennessee state law says that parents rights trump grandparents rights to children bar none, and i assumed it may help my case because it makes things rather obvious that she is unfit with her own fathers testimony saying so, and it being public knowledge that she abandoned him and he is just a grandparent.

    I should be first in line to receive custody given the situation in my eyes, maybe im wrong, this is why im here!

    Let's start again.

    You have no idea who has filed what, so skip past that for a second.

    Mom is not unfit until a court says so. Yes, parents rights do control - but you didn't understand what I wrote before. I'll try again. You have been awol for how long? Over a year, and the child is only 2? This is how it's likely to go:

    You file for custody.
    Mom is served - runs back, picks up the child, and lo and behold....your chances just dropped considerably. She's going to say "Dad knew all along...he's just trying to get back at me for breaking up with him again and he's just trying to cause trouble...I mean he did nothing until now, did he?"

    Incidentally, Mom's father was COMPLETELY out of line, and he's damn lucky he's not sitting in a little cell at the moment.

  8. #8
    Join Date
    Mar 2014
    Posts
    4

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    wait, wait i see where your confused. She left her older son with her grandparents for , truthfully , years but that has been proven , 8-12 months, not with the childs father.

    She left my son with her father for 8-12 months. So, if that means leaving kids with their or your grandparents for a year is ok i guess you are correct and i am not. IF thats where your going with this.

    - - - Updated - - -

    i have went over the scenario in my head of her running back to stop this, and i would say MAYBE she would maybe she wouldnt. She didnt two weeks ago when she knew she was about to lose custody of her other son so who knows. But this is a smaller town, same judge, judge knows the situation . Not saying your wrong at all. just giving you a bigger picture.

    Yes, i said the same thing about grand dad. I REALLY thought the grandparents not having rights over parents would land him in jail, but we see how that worked out, get what im saying? somebody understands the situation from just knowing the fact hes not in jail ,and sympathizes with him or cannot see her as very fit.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Getting Custody of My 2 Year Old Son Who Was Abandoned by His Motherwithgrandpare

    wait, wait i see where your confused. She left her older son with her grandparents for , truthfully , years but that has been proven , 8-12 months, not with the childs father.

    She left my son with her father for 8-12 months. So, if that means leaving kids with their or your grandparents for a year is ok i guess you are correct and i am not. IF thats where your going with this.
    Sure it's okay. It's okay right up until either you or she decides it's not okay. Yeap, I'm right.

    - - - Updated - - -
    i have went over the scenario in my head of her running back to stop this, and i would say MAYBE she would maybe she wouldnt. She didnt two weeks ago when she knew she was about to lose custody of her other son so who knows.
    That's not exactly what happened, but okay.


    Yes, i said the same thing about grand dad. I REALLY thought the grandparents not having rights over parents would land him in jail, but we see how that worked out, get what im saying? somebody understands the situation from just knowing the fact hes not in jail ,and sympathizes with him or cannot see her as very fit.
    Yeah, let me boil it down a bit more.

    Grandad has had the child for what, a year?

    You haven't bothered to do anything.

    She hasn't bothered to do anything.

    So Grandad has committed no crime....because neither of you did a darned thing about it.


    You still haven't explained why you think Mom is unfit.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: How to Get Custody of a Child, Living With Grandparents
    By cplum in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 01-23-2014, 05:12 PM
  2. Child Support when Grandparents Have Custody
    By blackomega in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-16-2010, 09:16 PM
  3. Can Grandparents Take Custody of My Child Because of My Boyfriend
    By juliana in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-02-2009, 07:04 PM
  4. Grandparents and Child Custody in Georgia
    By downgrade in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 02-14-2007, 03:03 PM
  5. Getting Custody from Child's Mother and Grandparents
    By jmppicciano in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-22-2005, 10:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources