Legal Question in Family Law in Tennessee
Splitting the kids!!
My X-husband and i of 12 years divorced a year ago we have 2 children one of which is severely handicapped from cerebal palsey and the other child normal. We devorced because he could not handle the responsibility of a handicapped child, In the divorce papers he had them wrote to where he had residential custody of one child so that he wouldnt have to pay much child support i agreed and signed not fully understanding (my fault) and both children stayed with me. a few months ago he knocked on my door and dragged my 6year old daughter out of the house and is making her live with him she was very upset and was i not knowing that he could do that. My daughter is very emotionally tramatized over the situation. I failed to mention that he is now newely married to a woman that lost custody of her 2 children and my daughter is extreamly scared of her ..she swears to me that the lady hasn't done anything to her but tells her that her mother is a lier and that is the reason she cant live with me and that her brother (cerebal palsey child) doesnt know who she is and doesnt care about her....what kind of chances do i have of getting custody back of my 6 year old daughter and would the court split the two kids up. if so should tell media.
1 Answer from Attorneys
Re: Splitting the kids!!
Since the child resided with you all those years, and you can probably prove it through doctors records, school records, income tax filing, you should immediately go back to the divorce court (the court that granted your divorce) and get an attorney to file for you a Petition seeking emergency custody of the child. Get all of your records together; anything showing that the child lived with you all those years; again, school records, lease agreements, witnesses who can also testify for you. You need to do this immediately before too much time passes. This is one thing you cannot be lazy one because the more time passes with your daughter in his custody, the harder it will be to get her back.
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