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  1. #1

    Default Father Not Exercising Custody, Child Living with Grandparents

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

    I have every other weekend visitation. Father was living with his parents (have always wanted my son.) Father has always been generally apathetic towards our son... and recently moved out to live with his girlfriend in another county and left my child living with grandparents to finish out school year there.

    I want to file a petition to modify custody based on material change in circumstances from previous order... but by the time it is actually going to court, my son will have moved in with father and girlfriend, unless this VERY NEW relationship falls apart of course.

    Father was given custody because I had allowed a dangerous man into my life that committed violent crimes against me and in my son's presence (there is a previous post about that) The final hearing was on the same day said guy got out of jail and I had been in contact with him so the court believed he could still be a danger. That was well over a year ago, guy moved away within a couple months of his release. I've had some contact with him during the time he remained sober, but have not seen him in a long time and never had any other episodes of violence.

    My questions:
    Is there any alternative legal process to filing for a modification? The process to change custody will be dragged out for a very long time... and I can't hire a lawyer. Unless you know someone willing to represent me for free, there's no way??
    Is there anything I can do if I object to my son moving, changing schools, moving in with father's girlfriend (he's only been seeing her for like 2 months) He has taken my son on overnight vacation with this woman without notifying me as well. Previous order states father will have child attend counseling and he only went to like 2 or 3 appointments.

    Thanks for your thoughts!! Son is almost 12, wants to come back to live with me and go back to homeschooling (which is the primary reason the grandparents went after custody... they are vehemently against homeschooling)
    I don't know how much this matters... but I am far behind in child support.

  2. #2
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    Default Re: Father Not Exercising Custody, Child Living with Grandparents

    I want to file a petition to modify custody based on material change in circumstances from previous order... but by the time it is actually going to court, my son will have moved in with father and girlfriend, unless this VERY NEW relationship falls apart of course.
    That is most likely correct.

    Father was given custody because I had allowed a dangerous man into my life that committed violent crimes against me and in my son's presence (there is a previous post about that) The final hearing was on the same day said guy got out of jail and I had been in contact with him so the court believed he could still be a danger.
    The court was right in its decision.

    Is there any alternative legal process to filing for a modification? The process to change custody will be dragged out for a very long time... and I can't hire a lawyer. Unless you know someone willing to represent me for free, there's no way??
    With no lawyer and your history not likely.

    Is there anything I can do if I object to my son moving, changing schools, moving in with father's girlfriend (he's only been seeing her for like 2 months) He has taken my son on overnight vacation with this woman without notifying me as well.
    Unless there is some court order that he notify you of vacations, no.

    Previous order states father will have child attend counseling and he only went to like 2 or 3 appointments.
    Did the court require a certain amount of counseling?

    Son is almost 12, wants to come back to live with me and go back to homeschooling (which is the primary reason the grandparents went after custody... they are vehemently against homeschooling)
    The court was right about homeschooling then and there is no reason to think it would rule differently now.

    I don't know how much this matters... but I am far behind in child support.
    So you can't support your child when he doesn't live with you. What makes you think you can when he does?

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