Legal Question in Family Law in Tennessee
Custody
My son, his wife and 2 year old son has been living with us for 3 years. They both have had problems but my son has changed his life. His wife has a drinking problem, has been staying out all night but never admits she is in the wrong. She has used our grandson as a pawn saying that if she has to leave she will take him. We told her that if this happens again not to come back to our home. Last week she left to go to the store and never returned. She called our son the next day. She is now living with her mother. Our grandson and son are will us. She says that she is going to check herself into a hospital due to her drinking and psychological problems. About 5 years ago she gave her child (from another relationship) to the child's father due to her drinking problems. She does not have any visitation rights with that child. My question is what can my son do legally to ensure that she cannot come and get their son. I don't know if he is going to file for divorce but he does not want his son with her until she gets help providing that the help works.
1 Answer from Attorneys
Re: Custody
If the relationship between your son and his wife is over, then he needs to file for divorce in the county that he lives in and seek an emergency temporary custody order so she can't come back and rip the child out of your house. But your son is the one that needs to act and he has to accept the fact that the marriage is over. He needs to start looking after his child and not always worry what his wife is going to do.