Can she do this?

[barrett21]

What is the name of your state?Tn/Ky I had posted on here the other day about my husband and his ex girlfriend getting into an argument on the phone and cursing each other out over a pair of pants. My husband's ex went five days later and got a emergency order of protection and summons on my husband he has to be in court on Nov 9th in Ky. In the order the ex states that she feels that my husbands visitation should be moved up to Madison county and be supervised instead of what the Judge just set in Tn can she have another state just come in and change the visitation like that? The new parenting plan was done in August when she moved up to Kentucky. I tried to stay on my same post but I'm not sure it was working. Our attorney in Tn said to find an attorney in Ky I found one but my husband will not meet with him until the day before court. So can she just change the visitation like that without the Judge in TN knowing of it?

 

[seniorjudge]

Generally visitation must be under the judgment in the original lawsuit.

However, if all the parties are before a judge in another state, then the visitation could very well be changed, especially in a protection order.

You are on the right track to get a lawyer.

 

[barrett21]

Thank You

I don't understand how she can do much with the protection order she cursed and made threats to my husband also just as he did her it was a argument they were on the phone for 1 minute and 55 seconds. My husband and her are to go to court in August of next year over the custody case again to re-evaluate like the transportation and things. I know this is a law forum but from a personal opinion or any opinion do You think she can get very far with this?

 

[shell007]

Who knows. Family court Judges see this stuff everyday. They are smart and know what's ligit and what's not! This was probably looking for a reason to take him to court anyway. This incident just gave her the green light. If it wasn't this, it would surely be something else.

 

[barrett21]

I agree

I agree with You. My husband has took her to court twice this past year for moving and not giving an address and other stuff. When we went this last time she kept on trying to make us have to do the drive up to her town every other visit but the Judge said no and we meet at halfway points my husband had a bad auto accident and does not drive currently. She also did not want my husband to have Friday's in his visits just saturday to sunday but he got the Friday's to I think it has alot to do with this she wants to find a reason to make us have to drive up their to her town. I just hope the Judge says it was bad on both parents to of talked and acted the way they did and dismisses it but who knows. My husband is so nervous he is going to lose his visitation like she wants but I told him she did just as much wrong as he did.

 

[barrett21]

more opinions please

Can I please get some more point of views on this I mean can this happen this way I thought Jurisdiction couldn't just be took over like that I thought that is what the TN attorney said when my husband was in court in August that anything with the child would have to go through that court as long as my husband lived in TN. Am I wrong?

 

[Zephyr]

Can I please get some more point of views on this I mean can this happen this way I thought Jurisdiction couldn't just be took over like that I thought that is what the TN attorney said when my husband was in court in August that anything with the child would have to go through that court as long as my husband lived in TN. Am I wrong?

but she is bringing him to court for threats, not a a custody matter

 

[barrett21]

but

In the paper work it says please write any other ways You feel You can make the abuse stop and she put to have the visitation with her son brought up to Madison county which is her town and have it supervised. To me this is a way to try to control the situation when my husband went to court two months ago she kept wanting us to drive up there every other visit to get the child and the Judge said no meet halfway and she didn't want my husband to have Friday's and he got that too now my husband feels that she is trying to use this arguement in front of another Judge to try to change his visitation. He done supervised visits for 4 years up until a year ago when he took her to court for a modification and other things.

 

[Zephyr]

In the paper work it says please write any other ways You feel You can make the abuse stop and she put to have the visitation with her son brought up to Madison county which is her town and have it supervised. To me this is a way to try to control the situation when my husband went to court two months ago she kept wanting us to drive up there every other visit to get the child and the Judge said no meet halfway and she didn't want my husband to have Friday's and he got that too now my husband feels that she is trying to use this arguement in front of another Judge to try to change his visitation. He done supervised visits for 4 years up until a year ago when he took her to court for a modification and other things.

hopefully his lawyer will point out to the new judge that there is already a court order addressing visitation, the judge may decide not to rule on that particular part of her request.


his lawyer should also ask for his attorneys fees and travel expenses because this is an obvious attempt to harrass him through the court system, spend his money needlessly and attempt to restrict his access to his child, all without proof.

 

[casa]

In the paper work it says please write any other ways You feel You can make the abuse stop and she put to have the visitation with her son brought up to Madison county which is her town and have it supervised. To me this is a way to try to control the situation when my husband went to court two months ago she kept wanting us to drive up there every other visit to get the child and the Judge said no meet halfway and she didn't want my husband to have Friday's and he got that too now my husband feels that she is trying to use this arguement in front of another Judge to try to change his visitation. He done supervised visits for 4 years up until a year ago when he took her to court for a modification and other things.

It would be worth it to order the transcript from the prev. hearing where Mom was pushing for Dad to travel up there...and his attorney can address that in relation to the Mom now suddenly wanting visits in her town.

A history of 4 years of supervised visitation? Either Dad was totally whacked in the past, or this Mom is demonstrating a history of trying to interfere with the father- child relationship.

 

[barrett21]

Thank You so much

Thanks so much. They even have to go back next year in August to go over transportation and other little things again so it is still a pending case in TN. In her report she filed she put that my husband has previously physically abused her my husband has no domestic assault charges on him and there are no police reports or pictures so I don't believe that he's never hurt me. She also said that my husband stalks her even though she lives another state over and that he has already broke one Protection Order back in 2000 she said he admitted it to the Judge it's so convienant the Judge back then has already passed his sister took his place that's who is over the case now. Basically they argues over a pair of pants his son wore down here. She cursed my husband made remarks about our home, me, said her husband would whoop him and my husband called her a b*tch and said they were P*ssies they were on my cell phone for 1 minute and 55 seconds. That's a very short time to change all of his visitation and everything I think. She also knows my husband doesn't drive right now due to an accident back in March this is just an attempt to get it her way my husband told the Judge if she was allowed to go she would try to do something like this but they don't listen. Hopefully it will work out.

 

[barrett21]

response to casa

We have had to hire another attorney in Ky so now we have one in Tn and one in Ky. She met my husband when he was in jail for theft stealing cars my husband got out for a few weeks this is when she got pregnant and then had to go back to do his time and she waited for him to get out and took him to court for child support. When they got their my husband asked for visitation and the mother said no he was dangerous and had felonies he did have felonies and he had a wreckless driving charge she didn't want him to see his son period. The Judge told her to bad he was in jail when she met him and that she knew he was in trouble and gave him Saturday's from 9-5 to be supervised by his mother and for him not to drive with his son. My husband got with me a little over three years ago he got off probation, we got our own place, had a daughter ourselves basically got our lifes together and then he took her to court he never really had the money so I helped him. How do we get the transcripts from court?

 

[casa]

We have had to hire another attorney in Ky so now we have one in Tn and one in Ky. She met my husband when he was in jail for theft stealing cars my husband got out for a few weeks this is when she got pregnant and then had to go back to do his time and she waited for him to get out and took him to court for child support. When they got their my husband asked for visitation and the mother said no he was dangerous and had felonies he did have felonies and he had a wreckless driving charge she didn't want him to see his son period. The Judge told her to bad he was in jail when she met him and that she knew he was in trouble and gave him Saturday's from 9-5 to be supervised by his mother and for him not to drive with his son. My husband got with me a little over three years ago he got off probation, we got our own place, had a daughter ourselves basically got our lifes together and then he took her to court he never really had the money so I helped him. How do we get the transcripts from court?

His attorney can order them...and he'll have to pay for them. They can be useful though- when a judge has changed.

 

[Zephyr]

His attorney can order them...and he'll have to pay for them. They can be useful though- when a judge has changed.

but you probably won't have them by next week

 

[bononos]

Didn't she call him?