Legal Question in Family Law in Tennessee
Where do I go next, when there is no record we where in court?
When in court I had a seizure. Was taken by ambulance to the emergency room. I spent two hours there. During this time, my joint custody was taken from me on the grounds I was hospitalized. Child support was stopped, even though the child remained with me. It took five months to get back in court. At that time I was told the joint custody would be reenstated. The child support department asked for a copy of the court order. It has been almost two months and still there is no record we where ever in court. Now the child support office has dropped my case. I have contacted the clerk of court several times. Also contacted the gentleman who works with the judge. All agree we had court, but no one has anything in writting. I was told a few weeks back if I signed some kind of paper it would get straightend out. I signed it and still there is no evidence I have custody. If my susspecions are correct going to my representatives will not work. They have changed the judge once already, due to a judicial review. If what I understand of the legal system is correct, then this is an abuse of mine and my sons legal rights. We must be in court again in a couple of months. But we have nothing in writting. Where do I go next?
1 Answer from Attorneys
Re: Where do I go next, when there is no record we where in court?
I tried to reply to this message yesterday, but some other attorney had already rejected your message. That was unfair, because other attorneys wanted to respond to you, but we were unable once the message was removed.
When you appeared in court after 5 months, were you accompanied by attorney or did you represent yourself? If a judge told you that joint custody would be reinstated, then you should have submitted an Order for the court to sign within a few days to put down in writing what he told you orally. If you appeared without counsel, then the court would normally be expected to prepare and sign its own order.
Failing to submit and file an order is a very serious matter for a judge. A judge can be disciplined for this kind of refusal. So it is important that you really know what you are talking about and are not confused about the facts.
At this point, you can prepare an Agreed Order where you put down in writing what the judge ordered about joint custody and call the opposing counsel to determine if that counsel will sign the order.
If not, then you can file a petition in court to establish joint custody and call the judge's secretary to get a hearing date. Then you would file both a notice of motion and motion at the same time. I sense this may be getting over your head.
Judges are disciplined by a body known as the Council of the Judiciary. If you call the Administrative Office of the courts at (800) 448-7970, they can tell you how to file a complaint with the court of the judiciary.
I suspect you will need assistance in preparing an agreed order or a notice of Motion pertaining to joint custody. If you can afford to pay for assistance, please check my website: http://riskmgmt.biz/prose.htm
Michael A. S. Guth
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