Legal Question in Family Law in Tennessee
child custody, wife in jail
My wife and I have been separated for approximately 5 years. We live in 2 different counties. We have a 13 year old son. I pay weekly child support. Since our separation, she had another child with a different man. He is 3 years old. She has now been arrested for 5 counts of forgery. She has a friend with whom she works that she left the children with. This friend claims she has power of attorney paper that my wife signed and states that I cannot come and get my child. This would also require him to change schools and I really don't want to disrupt this. At this point, my wife only went to court yesterday and was assigned a public defender so I am not sure what her final outcome will be.
I have been told that both parents have to sign a power of attorney before another person can take possession of your child/children.
Please advise my options as I don't want to cross any legal lines before I try to go get my child.
Regards
1 Answer from Attorneys
Re: child custody, wife in jail
From your message, it sounds like you are not divorced. If that is the case, the best thing for you to do is seek a divorce from your wife along with seeking custody of your son. Feel free to contact my office if you need further assistance. Thanks.