Legal Question in Family Law in Tennessee

Re: Visitation

It is not my place to say who is "being stupid". It is my place to say that people who underestimate their opponent are often unpleasantly surprised. Your ex is going to make his best case, which may be stronger than you think. A lawyer, not being personally involved, if given all of your information, will see his strengths and your weaknesses better than you will.

I have found myself far too often picking up after previously self-representing clients. Many opportunities were lost because of lack of skill, training, experience or objectivity. Get a new lawyer and share with him/her the information about your case.

Re: Visitation

I do not think you are being stupid. The fact that you would petition the court, rather than unilaterally moving without obtaining permission from the court, demonstrates that you know enough about the law to not make rash actions. If lawyers were free, I would recommend you get another attorney. But you seem intelligent enough to represent yourself. I have seen pro se parties beat the pants off highly feared shouting divorce attorneys in Tennessee. The fact that your husband owes so much in child support gives you a big stick so to speak. The local child support enforcement office where he lives would be happy to put him in jail, if he does not pay down that arrearage. Although most attorneys always advise unrepresented parties to get an attorney, I do not subscribe to that philosophy. You have to consider how much an attorney will cost and whether you can afford to lose that money on an attorney who does not know the facts of your case as well as you do.

http://riskmgmt.biz/prose.htm

Re: Visitation

Mr. Guth suggests that because you appear to be intelligent and have some general knowledge of the law, that you should be able to represent yourself, particularly considering the money you would have to pay to hire an attorney.

If you value your money more than your child, I would have to agree with him. If you value your child more than you value your money, I do not.

You mention a number of facts which you believe would help your case, but those which came before your divorce (or the last time you were in court on parenting time) are not relevant at this time, and the fact that he is behind in his child support also is of very little importance.

I stongly urge you to at least TALK with an attorney. I also urge you to look at my website at jesbeard.com which fully explains the law in Tennessee on parental relocation, gives some very important advice to any parent in a custody case, and explains what factors courts are to consider in such cases.... but please don't think reading and understanding all of that substitutes for a lawyer. You still do not know the rules of court, likely will NOT be able to appeal in any meaningful manner, have no idea how to "preserve the record" to allow a meaningful appeal, and lack the emotional detatchment any attorney brings to the case to allow intelligent advice instead of emotional reaction.

Do yourself a favor and get an attorney. Lots of great cases are lost by people who get into the courtroom and get chewed up because they do not know the law or the rules of court or the rules of evidence or the rules of civil procedure.