Legal Question in Family Law in Tennessee

custody

My ex and I were divorced a year ago this December. He has custody of my 15 year old daughter who decided on her own that she wanted to stay with him. I gave my ex custody because of the crap he was threatening to do to me if I faught him. Scared because I had made so many terrible mistakes during my 21 years of marriage, I agreed. I was involved prior to my divorce and am now married to a man who served 17 years in prison for aggrivated rape of a minor.He has been home for a year and doing remarkably well. In my divorce papers it states that my daughter can not be around my husband (not a problem).My ex has taken it further than that..she is not allowed at my house(even when my husband is not there)at all,even to sit in the car while I go in..so on the weekends(every weekend)that I have her we have to find a family member to put us up for a couple days so we can spend time together.Is this something that I could change? My child is miserable and wants to be with me (she has no problem with my husband and wants to get to know him)but her dad has threatened to kill himself, me and my husband if she is ever around him (my husband)or if he ever speaks to her. Is she at the age to decide who she wants to be with?


Asked on 10/14/06, 12:13 pm

1 Answer from Attorneys
David Sandy David Sandy, JD

Re: custody

Yes, you could possibly get it changed. It would be long expensive, require expert witnesses and showing that your ex is not a good father. The fact your daughter wants to live with you is not a determinative factor.

It would also be unlikely to work. Courts would be very leary of even risking someone with that conviction around a child.

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Answered on 10/14/06, 9:53 pm


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