revoking temporary custody

[testifyer]

What is the name of your state?What is the name of your state? Tennessee

In January,2004, I signed an order for temporary custody to be given to my childrens' father while I was hospitalized for a major depressive disorder. I am currently in stable condition-per my psychiatrist and psychologist, and I need to know how to revoke this temporary custody order. My 2 boys get SSI money because of my illness, and their father does not want to give them up because he now receives this extra income, and will lose it. My 12 year old has repeatedly told his father and I that he is uncomfortable not living with me, and that he feels his father is not giving him the time or attention he needs. My 10 year old has repeatedly advisd me that "Daddy doesn't listen" when he goes to him with a problem. I was told I need to file a petition with the court to revoke the custody order and I need to know how to obtain a petition without having to pay a lawyer a $1500 retainer, just to take my case (before any work is actually done). Does anyone know how to get a copy of this petition or the form number or anything that might help me. Please. My boys need me.
Thank you.

 

[valarie1979]

All I can suggest is do a search at www.yahoo.com or www.google.com
enter your state and the custody petetion papers and the name of your state.
Keep playing with the search bar until you get the forms you are looking for, what I mean by that enter that info several differant ways. IE. Custody forms tennesee, or any other way you can think of . I did some searching of my own for my custody forms for my state, and came across them. Just verify with the main court house in the county your ex resides in and verify the right form numbers. Forms will have numbers on them.
Also another thing that will help , taking hubby to court, your 12 year old in allot of states is at age , that the judge will let him choose as long as you are proven stable and that isnt in question.

 

[stealth2]

You're going to have a bit of a long row to hoe, I'm afraid. It's going to be difficult for you to now show that Dad isn't fit to keep the children since you gave them to him (regardless of the reason). Given that your episode was relatively recent, a judge may be leery of changing custody at this point.

And children DO NOT CHOOSE WHERE THEY WANT TO LIVE! Only in GA, and that's at 14. At 12 a judge MAY agree to listen to the child's wishes, but it's not going to be the only factor in play.

 

[tigger2two]

All I can suggest is do a search at www.yahoo.com or www.google.com
enter your state and the custody petetion papers and the name of your state.
Keep playing with the search bar until you get the forms you are looking for, what I mean by that enter that info several differant ways. IE. Custody forms tennesee, or any other way you can think of . I did some searching of my own for my custody forms for my state, and came across them. Just verify with the main court house in the county your ex resides in and verify the right form numbers. Forms will have numbers on them.
Also another thing that will help , taking hubby to court, your 12 year old in allot of states is at age , that the judge will let him choose as long as you are proven stable and that isnt in question.

OK frankly im not sure if anyone else is getting really tired of correcting this womans rantings of incorrect information or not. BUT I AM!!

If you don't know what you are talking about quit giving information to these posters. These are their children and if one of them does by some chance take your advice they are so screwed. So far i have seen you say two REALLY bad things and tons of just frankly stupid comments that are so untrue when it comes to law.( turn CS over to support kids, which is the last thing that should be told) (and at 12 kids get to chose??? No wonder you have problems. Do you let your 12 year old if you have one or when your child turns 12 are you going to let them decide to go to school or not. Or to stop visiting you? Or to smoke? Or to do drugs?) If your answer to all of those are NO then why in the hell would the court say ok this 12 year old knows where he wants to live so thats all that needs to be said? Go study up on your laws before you screw someone really bad.

 

[rmet4nzkx]

A number of things are missing from your post to give you a specific answer and even with that information the advice would essentially be the same.

You will need an attorney familar both with mental health isues and custody/guarduanship issues because it is far more complex than petitioning to revoke the current order and while your psychiatist and psychologist may believe you are currently stable, the legal implications may be far reaching. You may contact legal aid, the bar association, center for independent living for referral to an attorney who may be able to help you or advocacy group. In your state I suggest you contact, NAMI Tennessee offers a help-line, which you can call toll-free with questions about your particular situation and needs at 1-800-467-3589. Please note that the NAMI Tennessee help-line is a referral service and is not able to provide immediate crisis intervention or emergency services. For emergencies, call 911 or your mental health care provider. They also have forums and a web site that may be helpful.

While it may indeed be true that your ex wants to keep the children's custody to receive their SSI dependents payments and may be their representitive payee, there is much more to this story than that. Is your disability a mental health disbility or for somehting else, how long disabled, nature of disability and are you able to live independently or in need of supportive services? was yor ex paying child support prior to your hospitalization?

If you had joint custody prior to your hospitalization and a history of mental stability, it would have been a simple matter of transferring physicial custody, but since you signed what you are calling a tempoary custody papers, after you were hospitalized, it wasn't voluntary, were these guardianship papers, do you have visitation? If these papers were tempoary, what were the conditions? It isn't as simple as filling out a form to regain custody of your children. That is the information you will have to take to anyone trying to help you, do not try this on your own, you must have an attorney.

 

[BL]

I am currently in stable condition-per my psychiatrist and psychologist, and I need to know how to revoke this temporary custody order. [ quote by orig. poster ]

Out of curiosity , have you discussed this with the psychologist and psychiatrist ?

If so , what is there thoughts or recommendations on this ?

Have you ever had any sessions where the children were involved ?

Have you discussed this revocation with the other Parent ? If so where did that lead ?

Stealth is right though , you should at least show stability for 6 mos. or so .

How are your visits set up now ?

 

[valarie1979]

FIRST OFF , I dont know what beef you have with me get over it.

SECOND OFF, THE COURTS HAVE A AGE LIMIT THEY ALLOW THE CHILD TO CHOOSE AS LONG AS THE OTHER PARENTS CAN PROVIDE STABILITY, EMOTIONALLY AND PHYSICALLY, THE COURTS HAVE THIS I DONT.

THIRD SHE CANT AFFORD A LAWYER, DO YOU NOT GET THAT ?

AND FORTH I NEVER ONCE TOLD HER TO SEND IT TO SUPPORT KIDS.
I SAID SHE COULD CHECK UP ON IT.
AND GET MORE INFO I DID REPLY TO THAT POST THAT I DIDNT KNOW IT WORKED THAT WAY I TOLD HER I NEVER DELT WITH THEM, SO I WASNT SURE BUT GET MORE INFORMATION. ANYONE MOST OF THEM ARE ADULTS ON HERE AND THEY CAN JUST CHECK IT OUT. THIS ISNT A ACTUAL LEGAL ADVISE FORUM THAT YOU ARE TALKING TO A BUNCH OF LAWYERS YOU ARE TALKING TO OTHER PEOPLE WHO MAY OR MAY NOT KNOW ALITTLE MORE.



INFORMATION= EDUCATION.

AND ANYWAY IF YOU DIDNT SIT IN YOUR OWN LITTLE WORLD YOU WOULD KNOW ALLOT OF COURTS TURN OVER THE PAST DUE TO COLLECTION AGENCYS THEMSELVES. WHICH MAKES IT EASIER TO CLAIM BANKRUPCY ON THEM AND THAT WAS THE POINT.

YOU ARE ONLY ANGRY BECAUSE OF MY POST ABOUT HOLDING YOUR KID HOSTAGE AGAINST THE EX FOR MONEY.

 

[mrsgrayston]

THIRD SHE CANT AFFORD A LAWYER, DO YOU NOT GET THAT ?


WOW!!! While I don’t agree with all the yelling, a valid point is made here. People come here because they can’t afford a lawyer, but apparently they know how to use the internet. Sometimes the replies have... get an attorney.. in them. I know pro se is difficult but the search engine do help quite a bit. I look at it this way; if you have to go pro se ANY information is helpful. A person who has to go pro se already feels a little defeated, so when someone give them something to hold on to, they move forward and not backwards.

 

[stealth2]

SECOND OFF, THE COURTS HAVE A AGE LIMIT THEY ALLOW THE CHILD TO CHOOSE AS LONG AS THE OTHER PARENTS CAN PROVIDE STABILITY, EMOTIONALLY AND PHYSICALLY, THE COURTS HAVE THIS I DONT.

Wrong. Totally and completely WRONG. ONLY Georgia allows a child to choose. In ALL other states, it is up to the judge whether or not to listen to the child's wishes.

 

[VeronicaGia]

FIRST OFF , I dont know what beef you have with me get over it.

SECOND OFF, THE COURTS HAVE A AGE LIMIT THEY ALLOW THE CHILD TO CHOOSE AS LONG AS THE OTHER PARENTS CAN PROVIDE STABILITY, EMOTIONALLY AND PHYSICALLY, THE COURTS HAVE THIS I DONT.

.

I believe tigger2two gave a valid reason for the "beef."

Please quote the Tenessee statute that clearly states that a child can choose and at what age the childs choice takes precedence over the best interests of the child as decided by a judge.

 

[stealth2]

I looked it up to be certain, but I'll let Valarie find/read/post it herself. TN custody guidelines DO take the child's wishes into account - along with 9 other (significant) factors. The CHILD DOES NOT CHOOSE.

 

[LdiJ]

I looked it up to be certain, but I'll let Valarie find/read/post it herself. TN custody guidelines DO take the child's wishes into account - along with 9 other (significant) factors. The CHILD DOES NOT CHOOSE.

Absolutely true, however in practice the child's wishes generally are given fairly serious weight if they are old enough and if they are well articulated, logical reasons. The judge makes the ultimate decision though, and the judge makes it based on "best interests".

 

[stealth2]

Absolutely true, however in practice the child's wishes generally are given fairly serious weight if they are old enough and if they are well articulated, logical reasons. The judge makes the ultimate decision though, and the judge makes it based on "best interests".

Yes, exactly. Which is quite different from "the child chooses."

 

[rmet4nzkx]

Keeping in mind that the mother relinquished custody while under psychiatric hospitaliztion, she will have a lot to prove before her child's wishes come into play and she will need to seek legal assistance.

 

[valarie1979]

DO YOUR BAR EXAM ,PASS IT GET, A CERTIFICATION IN EVERY STATE THEN WE WILL BATTLE. SO YOU CAN AT LEAST POINT OUT WHEN SOMEONE IS WRONG AND BACK IT UP, WITH A LAW DEGREE. YOU ARENT A LAWYER NEITHIER AM I AND I THINK YOU FAIL TO REALISE, FREE ADVICE, WHICH MEANS IT MAY BE WRONG IT MAY BE RIGHT. It up to you to explore the advice given to confirm it or find another avenue if it is wrong.