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  1. #1
    Join Date
    Nov 2009
    Posts
    7

    Default Emergency Petition for Child Custody

    Tennesse: Once a "Petition for Emergency Custody and Petition for Custody" has been filed, how long do you have to act on it? After a certain amount of time, does it expire?

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Emergency Petition for Child Custody

    My experience with legal documents has taught me that there is always a response time stated in the paperwork. For example, the petition I am working on against my ex clearly says that he will have 20 days to file a response. If he does not respond within that time frame, than he is basically conceeding to my charges and requests. In other words, silence is taken as agreement. What does your petition say regarding a timeline?

    And for clarification, Not acting on the custody petition will not make it simply expire; in the absence of an argument the party that has filed the petition will be granted his/her motion. Like I said, the courts see silence as an implyed agreement/acknowledgement of the accusations.

  3. #3
    Join Date
    Nov 2009
    Posts
    7

    Default Re: Emergency Petition for Child Custody

    Thank you for helping!!! I guess I didn't give enough details. My neice's grandmother is trying to get emergency custody from us. She filed for this in the state of TN. She filed the petition on 9-17-09 and my lawyer sent something showing that jurisdiction in now in the state of MS. She got an attorney in our county and filed a petition on 9-24-09 and is now saying that we commited fraud asking for custody in MS, due to the child not being here for 6 months (but both parents voluntarily signed and the bio father is a resident of MS. The child was with us for 3-4 months at the time). The grandmother is a felon/repeat offender, and was awaiting court. They just postponed her court date until April (all this is over drugs, she's a dealer). By then, the child will have been with us for almost 1 year. Should I mention, my husband and I have been married for 10 years, have 2 boys together, a good Christian home, never been in any trouble, not even a speeding ticket. I'm just wondering if nothing else is done until April, will it already be expired (7 months since she filed)? Can she still act on a petition several months old? Will she have to refile?

  4. #4
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Emergency Petition for Child Custody

    So, if I understand your post correctly, the court has entered a continuance on her custody motion in order to complete her criminal trial, or something along those lines, correct? If that's the case, then I'd talk to your lawyer about getting an official dismissal of the motion from the judge. Nothing really expires, as I understand it. When she's finished in April, if you haven't obtained a dismissal from the judge, it would be a matter of her simply filing a motion to set a court date.

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