Legal Question in Family Law in Tennessee

Non-Custodial Parent has rights to waive Extradition?

After 17 years in the Child Support Recovery Units involving 3 states, I recently came the closest to making the NC parent pay child support arrearage. I had petitioned the court for 'contempt' and the judge ordered extradition from TN. The sheriff's in TN picked him up but he was released immediately at his hearing without bond. Why would a judge in TN not honor extradition to another state? He is just as a dead beat dad in TN as he is in AL. The ''fugitive warrant'' was sent to TN with the distinct wording, ''We Will Extradite'' as AL was instructed. Then I find out that he wasn't extradited back to AL because he refused the sign the extradition waiver. He has rights? What about his son's rights? We have been fighting for my son's rights for 17 years? Doesn't my son have rights to be supported as ordered in the state where he resides? Now I am told by AL we have to get a Governor's Warrant. Why didn't we get that to begin with? Why wasn't my first order good enough?Governor's warrant takes about 3-4 months to obtain and now the NC parent is so mad he hasn't paid a dime since the arrest. So now my son is not receiving any support since our action to arrest him in TN 12/20/00.


Asked on 1/15/01, 3:06 pm

1 Answer from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: Non-Custodial Parent has rights to waive Extradition?

You should consider bringing the action in Tennessee if the father is in Tennessee. Tennessee allows your child one (1) year after he turns 18 to sue his dad personally for back support. You can sue him now. For further info, see www.gsmithlawfirm.com

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Answered on 2/12/01, 9:24 am


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