Legal Question in Family Law in Tennessee
Custody
My husband and I are having problems with his ex-wife. There was never a court order on custody, child support, or visitation. My husband was paying her $100 a week for quite some time for my stepson and I saw the checks, money orders, and cash he gave her in addition to the hundreds of dollars worth of clothing, food, and toys that we got him. My husband didn't keep the receipts. Now she says that he never gave her anything. He hasn't given her anything in the last couple of months because my stepson was staying with his parents not with her in the summer. She also won't let us see my stepson. We only saw him once or twice in five months and then she dropped him off for several weeks. Then she took him back again & won't let us see him. Now she says that we will never see him again & that she is going to change his last name. I want to know if we will have to pay back child support, what chance we have of getting shared custody, and if she can change his name.
1 Answer from Attorneys
Re: Custody
First, I would take a look at your husband's final divorce decree because it would be very unusual for it to have no reference to the child. Next I would consult an attorney because you are probably going to have to file a petition with the court to settle the support/visitation issue.