Legal Question in Family Law in Tennessee

Father's rights

My husband pays child support to his children as he should, but he also adopted my 3 children (my children's father was/is alcoholic and gave up his rights). It is a financial strain in every way on our family and the ex-wife is constantly using the kids for power and control. Do the courts take into account other children he has to provide for? Also, his daughter ''decided'' a year ago that she just didn't want to come see him anymore and her mother agreed to let her stay home, we can't afford to go to court and fight this, what should we do?


Asked on 9/03/04, 5:59 pm

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Father's rights

It is very, very important that any time you face a financial burden because of child support payments that you inform the court of the impact of that burden. People cannot sit on their rights, because the child support system is set to roll over people and force payments or even put them in jail for failing to pay. The child support enforcement office absolutely must take into account the number of other children that your husband supports. The TN Supreme Court initially ruled in error that child support offices did not have to take into account the number of other children supported by the child support debtor. But that decision was expressly overruled by the Tennessee legislature, and now child support has to follow Tennessee law and take into account the total number of children supported. Your husband should move to modify his child support obligation. You can see a sample pleading at http://riskmgmt.biz/visitation.htm

With respect to the recalcitrant daughter, you did not indicate her age. Assuming she is age 13 or older, you will have a nearly impossible task of forcing her to visit your husband, if she is willing to appear in court and say she does not want to go anymore. Tennessee courts are obligated by state law to do what is best for the child, and the older the child is, the more weight the court has to place on that child's express wishes concerning visitation and living arrangements.

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Answered on 9/06/04, 9:02 am


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