Legal Question in Family Law in Tennessee
Voluntary change in custody
My husband's two children, ages 13 and 14 have recently come to live with us. Their mother has agreed to the change of residence and has provided us with copies of school records, health records and Power of Attorney's for each of them. Today she even offered to write us a check for the amount of the support we send each month once she receives it from the State system.
My husband and I would like to make legal changes to the custody, visitation and support of these boys. With the documents she has sent us along with proved residence through current school records and with the receipt of support monies.. do we have a chance at getting the aforementioned changes implemented and do we require an attorney to do so? If these changes are voluntary by each parent are there forms available to file on our own? Does the filing of documents have to take place in the county of the original filing or could it be where we reside now? Also, would the non-custodial parent now be responsible to pay support on these children?
Thank you for your assistance.
1 Answer from Attorneys
Re: Voluntary change in custody
You are asking too many questions to answer properly here.
But generally speaking, parents can prepare and sign Agreed Orders making all of the changes you discuss, and simply present it to the judge for his or her signature to make it an Order of the Court... but this would have to be done in the same county and the same court as last had the case on custody issues.
In Tennessee, most judges are not going to change custody without also changing child support and ordering the new non-custodial parent to pay support.
Because of that I often encourage clients NOT to press the issue immediately and to simply do this imformally as you are doing for several months and THEN to press the issue and to take it to court for a judge's decision if need be. If the mother in your case is in another state, you would want to wait until the children have been here in TN for six months to get jurisdiction here.
There are not forms available for this sort of thing, though an attorney could prepare an agreed order without great expense.... The important thing is to get an attorney who knows what he is doing to make certain everything possible is handled and drafted in a manner to favor your husband.... and for that you may need to pay a bit more.
Call me at 423-267-4391 if you have any questions or would like to discuss this further.
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