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(Not So) Sweet Home Alabama

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Happygolucky

Junior Member
I live in Washington. My female friend lives in Tennessee. Her husband lives in Alabama.

I will try to be quick and to the point and if I am not ordinarily the kind to talk poorly about anyone, so if I do it was wasn't intentional. I'm trying to just stick to the facts.


My old friend met this guy at a pizza joint they both worked at. She, then 19, didn't want to live with her parents any more, so moved in with this guy who was 18.

It was a roommate situation that turned into a friends-with-benefits situation.

A couple years of living together, and her working at Target, he talked her into getting a marriage certificate signed at the courthouse so that he could be on her insurance.

They eventually had three children during the eight years they were together. He cheated on her a dozen or so times, even bringing one of these women home and getting... um, romantic, on the couch.

He has two prior charges against him for domestic assault.
My friend has left him a number of times, but finds herself returning because she has no where else to go.

He was dating some woman who lived a couple hours away. He gave my friend permission to leave and to return home to Tennessee (they were currently living in Alabama) and for them to get a divorce. He refused to give her any money either for the divorce or to help her move out. My friend's parents came down and helped her and her kids pack up some things and they returned to Alabama. The next day, his girlfriend and her son came and moved in with him.

My friend's parents let her and her kids stay with them for the night and then dropped her off at the homeless shelter the next day, because for as nice as they seem to be, they said that they didn't want their good name involved in any of this mess.

The husband now, more than a month later, is saying that his girlfriend is no longer living there. He wants my friend and the kids to return home. Whenever they talk on the phone, he doesn't want to talk to the kids. I understand that this is just a matter of opinion, but to put it lightly, he never enjoyed being in the role of a father. Yet, now he wants the kids back. As does his mother.

So, the point to my story. While he gave her permission to leave the state before, he would now deny ever having done so. It doesn't seem that it can be proven that he had been seeing a woman or that she had stayed with him for a couple weeks. They are still together, but no longer living together.

She is currently staying in a homeless shelter, as that was the only way for her to get out from under him and build her life back up. But I am flying out on the 16th of June to pick them up where they can live with me here in Washington. Naturally, I don't like to see anyone in a situation like this, especially not an old friend and especially not children.


My Questions:

1) Is she legally able to take the kids out of state? She was given permission, but for him, lying is the first option, telling the truth is the last option.

2) Does it matter if out-of-state is Tennessee (from Alabama) or Washington?

3) She doesn't yet have a lawyer, but we will get her one once she is up here. Does my friend have anything to worry about in terms of losing her children to him? He has two assaults on his record and gets paid under the table working part time for his grandfather picking up pallets.
 
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Happygolucky

Junior Member
Where are the children?
They are living with her in the shelter in Tennessee.
There they are given their own room (for the family) and they have three meals a day.

Thank you for the reply.
Both her and I are very worried for the safety of the kids, and pardon my stating my opinion here, but he is wanting to have the children only because he knows that she does. It is a fact, however, that he never took the kids places and didn't celebrate birthdays or Christmas because he didn't like to "waste money" on things he wouldn't enjoy (in his own room he has a big screen TV, XBox 360, PS3, electric guitar and anything else he would want).
 

Ohiogal

Queen Bee
They are living with her in the shelter in Tennessee.
There they are given their own room (for the family) and they have three meals a day.

Thank you for the reply.
Both her and I are very worried for the safety of the kids, and pardon my stating my opinion here, but he is wanting to have the children only because he knows that she does. It is a fact, however, that he never took the kids places and didn't celebrate birthdays or Christmas because he didn't like to "waste money" on things he wouldn't enjoy (in his own room he has a big screen TV, XBox 360, PS3, electric guitar and anything else he would want).
Quite frankly your opinion of what and why does not matter. The other problem is she chose him. She will be dealing with him for more than one lifetime. Now to the original post:
They eventually had three children during the eight years they were together. He cheated on her a dozen or so times, even bringing one of these women home and getting... um, romantic, on the couch.
And she did nothing quite frankly. She kept him. She chose him.
He has two prior charges against him for domestic assault.
Charges? How many convictions?When were these assaults?

My friend has left him a number of times, but finds herself returning because she has no where else to go.
She made a choice every time she returned. Numerous times she found him appropriate to parent his children and be in her life.

He was dating some woman who lived a couple hours away. He gave my friend permission to leave and to return home to Tennessee (they were currently living in Alabama) and for them to get a divorce. He refused to give her any money either for the divorce or to help her move out. My friend's parents came down and helped her and her kids pack up some things and they returned to Alabama. The next day, his girlfriend and her son came and moved in with him.
She chose to leave. Was she working? Why did he have to give her money or help her move out? She could have stayed and filed for divorce and a restraining order removing him when she was assaulted.


My friend's parents let her and her kids stay with them for the night and then dropped her off at the homeless shelter the next day, because for as nice as they seem to be, they said that they didn't want their good name involved in any of this mess.
They are not responsible for her.

The husband now, more than a month later, is saying that his girlfriend is no longer living there. He wants my friend and the kids to return home. Whenever they talk on the phone, he doesn't want to talk to the kids. I understand that this is just a matter of opinion, but to put it lightly, he never enjoyed being in the role of a father. Yet, now he wants the kids back. As does his mother.
And? He is the children's father. He has as much right to them as your friend.


So, the point to my story. While he gave her permission to leave the state before, he would now deny ever having done so. It doesn't seem that it can be proven that he had been seeing a woman or that she had stayed with him for a couple weeks. They are still together, but no longer living together.
Okay. And? She didn't need his permission to move.

She is currently staying in a homeless shelter, as that was the only way for her to get out from under him and build her life back up. But I am flying out on the 16th of June to pick them up where they can live with me here in Washington. Naturally, I don't like to see anyone in a situation like this, especially not an old friend and especially not children.
Are you male or female?

My Questions:

1) Is she legally able to take the kids out of state? She was given permission, but for him, lying is the first option, telling the truth is the last option.
Unless there is a court order stopping her, she can take her children anywhere within the country she wants. International travel gets trickier.

2) Does it matter if out-of-state is Tennessee (from Alabama) or Washington?
Nope.

3) She doesn't yet have a lawyer, but we will get her one once she is up here. Does my friend have anything to worry about in terms of losing her children to him? He has two assaults on his record and gets paid under the table working part time for his grandfather picking up pallets.
They are NOT just HER children. They are also his children. He has equal rights. She would need to establish residency in Washington before she can file anything for custody. Dad on the other hand can immediately go to court in Alabama and file for custody and an order requiring the CHILDREN to be returned to the jurisdiction of that court. If he has two assaults on his record that has changed from charges.
 

Happygolucky

Junior Member
Thank you. And I apologize for the times I rambled.

So, your advice would be for her to... what? File custody while there in Tennessee?

And I'm not getting emotional, but how would one file for custody and file a restraining order when he is the one paying for the rent?
No, she didn't work.
 

Happygolucky

Junior Member
The charges were from March and June of 2006.

He pled guilty and was not charged with felonies, just misdemeanors. She also had a couple of orders of protection (same months/year).
 

mistoffolees

Senior Member
How long have they (mother and kids) lived in TN? If they've lived their long enough to establish residence, then she files in TN. If not, she's got a problem since she's no longer a resident of TN and would have a hard time filing there.

The correct procedure is that she files for divorce and requests temporary custody of the kids. If there is a record of domestic abuse on his part, there's a good chance she will get that.

From there, it depends on the court. She may have an order prohibiting her from moving the kids out of state. If that's the case, she needs to stay in TN until she can get her divorce. If there's no order, she can move, but the father can easily petition the court to have the kids returned to the state if she leaves. This is not a sure thing for him because the kids are already living in a separate state AND he has a history of domestic abuse. But it COULD happen.

She really needs to call legal aid if she qualifies and contact an attorney if not. In all likelihood, she'll end up much better off with professional assistance in the divorce.
 

Ohiogal

Queen Bee
Thank you. And I apologize for the times I rambled.

So, your advice would be for her to... what? File custody while there in Tennessee?

And I'm not getting emotional, but how would one file for custody and file a restraining order when he is the one paying for the rent?
No, she didn't work.
Here is the problem -- when she files she will not be able to remove the children from the jurisdiction of the court without permission. Why did she quit working? She should have gotten a job and not relied on him. Bringing up that all he does is work for cash is not going to help her when she has NO JOB and was relying on his cash to support them. A restraining order doesn't cost money by the way. Now when it is due to DV.
 

Ohiogal

Queen Bee
The charges were from March and June of 2006.

He pled guilty and was not charged with felonies, just misdemeanors. She also had a couple of orders of protection (same months/year).
And this is three years later and she lived with him afterwards and forgave him and so on and so forth. So quite frankly they are not going to carry all that much weight and if she forces the issue a good attorney can force the issue that she apparently has lousy judgment then for returning to the house to someone she believes was a danger.
 

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