+ Reply to Thread
Results 1 to 11 of 11
  1. #1
    cry1603j is offline Junior Member
    Join Date
    Oct 2009
    Location
    Lenoir City. TN
    Posts
    15

    Unhappy Not seen child in months and now mother has been arrested for the 5th time in 2 years

    What is the name of your state (only U.S. law)? Tennessee
    I am going to apologize in advance for this bein so long. I am looking for legal options for my husband. Well him and the mother have a court order for joint custody. She has not obeyed the order in months. My husband has took her to court for contemp 3 times in the past 2 years and nothing has happend to change the problem. She told the judge she would obey the court order and he has dropped my husbands petitions because of her word 3 times. As you can tell her word means nothing. We have just got information that she has been arrested for the 5th or 6th time in 2 years. Called the jail to make sure. She is there for 2 contempt charges. One of them we know is driving on a suspended lisence and we are not sure of the other. We do not know how long she will be in jail. Clerk said days, months or years...she wasn't sure since she has not been in front of the judge yet. She has left the child with her parents and they refuse to give my husband his son. He contacted the local police department and guess what a big fat NOTHING! They told him that her parents do not have to release him. Can someone tell me why? Isn't that considered kidnapping? Her parents have also said that if my husband comes for his son they will flee the state. We Yyes I know I shouldn't use "we" I know I am considered a stranger and all, but I do love and care for him) are scared for the child and my husband needs to know what to do next. His grandfather is an exstream alcoholic and he get very violent when drinking witch is everyday. Now he is not violent to the child, but he is violent to people in front of the child. Can he file for temporary custody and get the child the same day just incase her parents try to run with him? If he does get temporary custody how long will the order be for? Can her being arrested so many times be a cause to change custody? And his unhealthy living enviorment?(The mother lives in the same home as her parents, whitch the grandfather drinks a lot and is violent).What about her interference of my husbands time with his son? Are these all good reasons to have custody changed? My husbands intentions are not to take the child from his mother, he needs to have a relationship with her. He just want to provide a better home for him that is stable and loving. Please any advice? And again forgive me for this being so long. I didn't want to leave anything out. Thank You. One more thing. The mother's new boyfriend is wanted in Florida for not paying child support to his kids and he lives in the home with my husbands son. Could this be another reason for change in custody? What is the name of your state (only U.S. law)?Tennessee
    Last edited by cry1603j; 08-01-2010 at 04:38 AM. Reason: missed something
  2. #2
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,320
    If mom hasn't bonded out by Monday, the father of the child needs to file an ex parte for emergency custody.
  3. #3
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by TinkerBelleLuvr View Post
    If mom hasn't bonded out by Monday, the father of the child needs to file an ex parte for emergency custody.
    And it is likely to be granted.

    I would also try to get an order naming the grandparents somehow with an order that they have no right to keep the child from the father.

    If they have joint custody and the mother is not available, the grandparents have no rights to keep the child from the father unless they have their own visitation order. By doing so, they are harming the child.
  4. #4
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,180
    Quote Originally Posted by TinkerBelleLuvr View Post
    If mom hasn't bonded out by Monday, the father of the child needs to file an ex parte for emergency custody.
    Yes, but it should be emergency custody with a pickup order for the police to get involved and assist with retrieving the child.
  5. #5
    Isis1 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    18,070
    OP, tell dad not to say arrests, but to list actual convictions. Arrest don't mean much legally speaking. I knew someone who always seemed to get arrested once a month, but was never convicted in the five years that i knew him. And if she was picked up on a suspended license and NOT on probation, her term will be short. Probably before the ex-parte is even heard.
  6. #6
    acmb05 is offline Senior Member
    Join Date
    Oct 2005
    Location
    Tennessee
    Posts
    4,846
    Quote Originally Posted by Isis1 View Post
    OP, tell dad not to say arrests, but to list actual convictions. Arrest don't mean much legally speaking. I knew someone who always seemed to get arrested once a month, but was never convicted in the five years that i knew him. And if she was picked up on a suspended license and NOT on probation, her term will be short. Probably before the ex-parte is even heard.
    Depends on if this was her first arrest for this. If it is her second or more she could be looking at anywhere from 90 days to a year in county jail.

    OP what county are you in?
  7. #7
    cry1603j is offline Junior Member
    Join Date
    Oct 2009
    Location
    Lenoir City. TN
    Posts
    15
    She has been arrested twice for the suspended lisence that my husband knows of because of her not showing up to court. Her parents are not included in the order, but that is who the child is with 90% of the time on her weeks. How would my huband go about keeping her parents out of the dicisions for the child? Would he need to file anything? Do you need an attorny to file for Emergency Temp Order? Thank you for the advice. Oh and I am in Loudon County, TN
    Last edited by cry1603j; 08-01-2010 at 11:26 PM. Reason: county
  8. #8
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by cry1603j View Post
    She has been arrested twice for the suspended lisence that my husband knows of because of her not showing up to court. Her parents are not included in the order, but that is who the child is with 90% of the time on her weeks. How would my huband go about keeping her parents out of the dicisions for the child? Would he need to file anything? Do you need an attorny to file for Emergency Temp Order? Thank you for the advice. Oh and I am in Loudon County, TN
    He doesn't NEED an attorney, but it is far more likely to be successful if he has one.

    Her parents shouldn't have any part of it - unless the court has granted them custody.
  9. #9
    cry1603j is offline Junior Member
    Join Date
    Oct 2009
    Location
    Lenoir City. TN
    Posts
    15
    Her partents do not have any right to the child. My husband finally got our local police department to remove the child today. The courts had told him he could file for emergency temporary custody, but it would only give him a court date and that they could not remove the child because thier parenting plan was done through a diiferent county and not the county they reside in. He has hired an attorney and he goes to meet with her tomorrow. Thank you all for the great advise. You guys are amazing. Thank you so much. Couple more questions. Would it be in the best interest of me and my husband to get a protective order for us and our other children? I really do believe if the could they would do anything to get to thier grandson. Should my husband take a protective order out on his son as well against them? He doesn't want to keep thier grandson away from them, but they have already threaten to kill us and flee the state if they had too. Any advice? Thank you.
  10. #10
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by cry1603j View Post
    Her partents do not have any right to the child. My husband finally got our local police department to remove the child today. The courts had told him he could file for emergency temporary custody, but it would only give him a court date and that they could not remove the child because thier parenting plan was done through a diiferent county and not the county they reside in. He has hired an attorney and he goes to meet with her tomorrow. Thank you all for the great advise. You guys are amazing. Thank you so much. Couple more questions. Would it be in the best interest of me and my husband to get a protective order for us and our other children? I really do believe if the could they would do anything to get to thier grandson. Should my husband take a protective order out on his son as well against them? He doesn't want to keep thier grandson away from them, but they have already threaten to kill us and flee the state if they had too. Any advice? Thank you.
    Glad it worked out.

    He can't get a protective order unless he can show risk of harm. I don't know the laws in your state, but do know that he'll have to focus on significant danger to any of the individuals involved (and not parental rights issues) in order to get a protective order. My gut says that them taking a child and refusing to return him would meet that standard, and maybe someone here would know for sure - or your attorney would.
  11. #11
    acmb05 is offline Senior Member
    Join Date
    Oct 2005
    Location
    Tennessee
    Posts
    4,846
    Quote Originally Posted by mistoffolees View Post
    Glad it worked out.

    He can't get a protective order unless he can show risk of harm. I don't know the laws in your state, but do know that he'll have to focus on significant danger to any of the individuals involved (and not parental rights issues) in order to get a protective order. My gut says that them taking a child and refusing to return him would meet that standard, and maybe someone here would know for sure - or your attorney would.
    OP can file for a protective order and would normally get a temp order signed that day and given a court date. Now when he gets to court to extend it to a permanent order he better bring proof of whatever he is saying they have done.

Similar Threads

  1. Mother arrested for felony child abuse
    By pyteaz in forum Child Custody & Visitation
    Replies: 35
    Last Post: 03-13-2009, 11:02 AM
  2. Mother will be arrested-Lose custody of child?
    By deltadart1 in forum Child Custody & Visitation
    Replies: 37
    Last Post: 03-08-2009, 10:36 AM
  3. Parents having child 6 months at a time.
    By gary weese in forum Child Custody & Visitation
    Replies: 2
    Last Post: 08-20-2005, 02:14 PM
  4. mom arrested for second time in two months
    By sallygator in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 3
    Last Post: 09-24-2004, 03:23 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.