Legal Question in Family Law in Tennessee

divorce/custody law

I will try to be brief..Spouse and I were legal residents of MI. I joined the military on the premise that he and the children would join me within a few months. None of the children were born in wedlock, (we'd only been married a month before I left for active duty). Instead of moving with me, he lied and took the kids to TN and filed for divorce and custody. Tn code states a military spouse's residency requirement is 12 months before filing, he had only lived there for 9 months. Divorce isn't final yet. What recourse do I have? Also, oldest child has NO father listed on her birth certificate, since he took her instead of bringing her to me as agreed, is this kidnapping?? Not to mention, he's applied for child support, he doesn't work, all children are over 5 yrs old. He's been living off of welfare and his parents. Any help or advise greatly needed and appreciated. PS due to active duty status, I'm out of state, 10 hrs away from him and the children.


Asked on 10/24/08, 12:57 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: divorce/custody law

Under the circumstances described, you would appear to be well advised to retain the services of a Tennessee attorney who is appropriately knowledgeable and experienced in that particular state's domestic relations laws and who should be able to advise you accordingly on these various issues.

(I do not, however, see any basis for kidnapping charges under the facts described.)

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Answered on 10/25/08, 1:34 pm


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