Legal Question in Family Law in Tennessee
Bad attorney and no court reporter at hearing
My husband and his ex-wife's husband are both fighting for custody of their children. The ex-wife and her family are and have been abusive to the children. However its difficult to prove. The ex has falsely accused my husband of molesting his son. This was proved untrue in court. She is also accusing her now hubby of physical abuse. Her mother also did this to her with her father when she was young. Recently now hubby had hearing for custody and divorce. His attorney failed to bring any evidence with her and did not question anyone. He lost big time. There also was no court-reporter present. His attorney forgot to get one. Can this case be thrown out? And is it legal to not have court reporter? This case was in Tennessee.
1 Answer from Attorneys
Re: Bad attorney and no court reporter at hearing
In Tennessee there is no requirement that the Court provide a court reporter in civil cases -- it is the responsibility of the party wanting to preserve a record of the proceeding. I sometimes use a tape recorder instead of adding the cost of a court reporter to a client's bill.
But I am having trouble understanding how the step-father of your husband's children could be pursuing custody in the divorce from your husband's ex-wife.
I would be happy to discuss things further, but your post right now leaves too much unclear.
Feel free to contact me at my office 423-267-4391 to discuss things, but you need to keep in mind that in order to appeal you have to do so within 30 days of the time the clerk's office records the written order of the court.
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