Page 1 of 5 1 2 3 ... LastLast
Results 1 to 10 of 50
  1. #1

    Default How to Respond to an Emergency Custody Petition and Prepare for Hearing

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

    My sons father filed an emergency restraining order to keep me from exercising my parenting time. They also filed a custody petition asking for my visits to be supervised. The reason is that I had gotten involved in a relationship with an abusive man. However, the man is now in jail charged with a Class A and a Class B felony (Esp Aggravated Kidnapping and Aggravated Kidnapping) for what he did to my son and I - my son was not physically harmed. The petition was actually filed 3 weeks after he was arrested.

    We share custody 50/50 and I homeschool my son. The hearing is in about 3 weeks.

    My questions are:
    1. Does an emergency restraining order mean that I cannot speak to my child on the phone?
    2. Should I be concerned that the custody order will be changed in light of the fact that the man is in jail and likely going to prison for the better part of his remaining life?

  2. #2
    Join Date
    Jun 2014
    Posts
    3,154

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    The court will look at your judgement. It is always best to spend time getting to know someone well before you introduce them to your child.

    Did this man have a history of violence? How long had you known him ? Was he living with you and your son ?

  3. #3

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    I know more about his criminal history now than I did, but yes he does have priors.

    I learned this morning that my son's father has now enrolled him in public school without my permission and is seeking counseling without my input. I had a counseling appointment for him yesterday which his father refused to take him to which is covered on insurance.

    Is there anything I can do to stop them from putting him in public school? I'm confident that the restraining order will not stick because I can show that there is no more danger because the man is in jail and likely going to prison for the rest of his life based on my testimony and I also have a no-contact restraining order on him as well as additional warrants and I've done everything that I can to make sure that he stays locked up for as long as possible. He is not getting out and he is not coming back to us no matter what.

    It is my understanding that if the restraining order is dismissed we go back to our original parenting plan until a hearing on the separate issue of the custody modification that they also filed. 50-50 and homeschooling.

    Are there any other outcomes of the restraining order hearing that I should be aware of? Because isn't it either that the restraining order is sustained or dismissed? That's what I was told by someone else?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    Quote Quoting Eph612Mom
    View Post
    I know more about his criminal history now than I did, but yes he does have priors.

    I learned this morning that my son's father has now enrolled him in public school without my permission and is seeking counseling without my input. I had a counseling appointment for him yesterday which his father refused to take him to which is covered on insurance.

    Is there anything I can do to stop them from putting him in public school? I'm confident that the restraining order will not stick because I can show that there is no more danger because the man is in jail and likely going to prison for the rest of his life based on my testimony and I also have a no-contact restraining order on him as well as additional warrants and I've done everything that I can to make sure that he stays locked up for as long as possible. He is not getting out and he is not coming back to us no matter what.

    It is my understanding that if the restraining order is dismissed we go back to our original parenting plan until a hearing on the separate issue of the custody modification that they also filed. 50-50 and homeschooling.

    Are there any other outcomes of the restraining order hearing that I should be aware of? Because isn't it either that the restraining order is sustained or dismissed? That's what I was told by someone else?
    If Dad obtained an emergency order, the emergency order takes precedence over everything else including the restraining order. If he filed for custody and the court hasn't yet ruled, then the original order stands BUT even if Dad keeps the child anyway, the court may not penalize him for doing so at all.

    You absolutely need an attorney here, because your judgment placed your son in grave danger and it could have ended MUCH differently. The court may agree with Dad that custody should be changed permanently.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    There is an emergency petition for modification as well as the restraining order... I didn't see that before. Does that mean that the hearing in 3 weeks I need to be prepared to argue for custody? They didn't file a new parenting plan, so I don't even know what they are asking for except that visits with me be supervised.

    I did speak to a lawyer on the free legal hotline, but I can't hire a lawyer until after the first of the year at the earliest. I was told that I just needed to be able to show that there is no danger now, and that I have done everything I can to cooperate with the investigation and such, and to be prepared to discuss that I got into a bad relationship and realize my mistake and things like that.

    Also I'm not comfortable going into too many details about the incident that actually led to all this, but there are many things in their petition that are completely ludicrous and they are obviously manipulating what my son believes about what happened.

  6. #6
    Join Date
    Jun 2014
    Posts
    3,154

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    How old is your son ?

  7. #7

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    He is 9.
    He wasn't even aware that he was in danger throughout the whole incident.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,154

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    Quote Quoting Eph612Mom
    View Post
    He is 9.
    He wasn't even aware that he was in danger throughout the whole incident.
    If you actually believe that. Perhaps you don't have good judgment.

  9. #9

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    I guess you were there

  10. #10
    Join Date
    Jun 2010
    Posts
    664

    Default Re: How to Respond to an Emergency Custody Petition and Prepare for Hearing

    Quote Quoting Eph612Mom
    View Post
    I guess you were there
    I suspect M&G was going by what you yourself posted:

    or what he did to my son and I - my son was not physically harmed.
    which infers that your son was present and therefore likely aware of a dangerous situation.

    If the court grants the change in custody/supervised parenting time, Dad wil likelyl be allowed to place the child in public school. And that the court will feel counseling to be appropriate.

    1. Sponsored Links
       

Page 1 of 5 1 2 3 ... LastLast

Similar Threads

  1. Establishment: How to Prepare for a Hearing on an Emergency Protective Order
    By Jhud23 in forum Orders of Protection
    Replies: 4
    Last Post: 04-28-2017, 02:52 AM
  2. Modification of Custody: Should You Petition for Emergency Custody During an Abuse Investigation
    By s.c in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 01-21-2014, 10:07 AM
  3. Custody and Visitation Issues: How to Petition for Emergency Custody in Tennessee
    By ThetaSigma in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 11-15-2011, 08:33 PM
  4. How to Prepare For a Custody and Visitation Hearing
    By CammiesMammie in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-10-2011, 01:22 PM
  5. Modification of Custody: Emergency Petition for Child Custody
    By tcc in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-18-2009, 12:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources