court comming up 13th

[acmb05]

What is the name of your state? Tennessee

Ok my cousin goes to court on the 13th of this month. From what he said this court date is for a contempt charge against the mother. She was duly notified of the court action against her and did not respond to it nor did she get a lawyer. My cousins lawyer filed something(im not sure what) and the judge gave her 30 days to either answer the summons and/or obtain a lawyer and she has done neither.

If she does not show up for court on the 13th should my cousin at that time ask for emergency temp custody until the case is settled?

The only problem is that the child has not seen her father in about 4 months now and the mother is bad mouthing him terribly. The last time I talked to the child she told me she was scared to go to her dads because he might kidnap her.

Question One: The mother lives in Tennessee now but wanted to move to Mississippi to move in with a man(she had never met face to face only on the net) My cousin now lives in Kentucky so if he asks for temp custody at this hearing can she ask that he have to move back to Tennessee?

Question two: My Aunt(cousins mom) can not seem to get it thru her head that she has no standing in this matter and is planning on asking to speak at the hearing. I think it is a bad idea but she insist she should be able to because the child and her mother had been living with them for the last year. How bad could this mess his case up even though this is only a contempt hearing?

 

[Zephyr]

What is the name of your state? Tennessee

Ok my cousin goes to court on the 13th of this month. From what he said this court date is for a contempt charge against the mother. She was duly notified of the court action against her and did not respond to it nor did she get a lawyer. My cousins lawyer filed something(im not sure what) and the judge gave her 30 days to either answer the summons and/or obtain a lawyer and she has done neither.

If she does not show up for court on the 13th should my cousin at that time ask for emergency temp custody until the case is settled?


on what basis would he file this motion?


The only problem is that the child has not seen her father in about 4 months now and the mother is bad mouthing him terribly. The last time I talked to the child she told me she was scared to go to her dads because he might kidnap her.

Question One: The mother lives in Tennessee now but wanted to move to Mississippi to move in with a man(she had never met face to face only on the net) My cousin now lives in Kentucky so if he asks for temp custody at this hearing can she ask that he have to move back to Tennessee?


she can ask- not likely to be ordered though, although if dad lived in the vicinity of where the child lives now he may stand a better chance of some sort of temp custody.



Question two: My Aunt(cousins mom) can not seem to get it thru her head that she has no standing in this matter and is planning on asking to speak at the hearing. I think it is a bad idea but she insist she should be able to because the child and her mother had been living with them for the last year. How bad could this mess his case up even though this is only a contempt hearing?

if there is an opportunity for witnesses to testify, then let her- especially if she can speak to the contempt charge specifically....if she's just going to get on her soapbox then it might be a better idea to hog tie, gag, and put her in a closet until the hearing is over

obviously you know I am joking with the last suggestion

 

[acmb05]

obviously you know I am joking with the last suggestion

LOL actually I suggested almost the same thing to him.

As far as the motion I am not real clear on it but the way it was explained was:

She failed to answer the original petition and cousins lawyer was ready for court on the first court date. Judge gave her another 30 days to respond and/or get a lawyer and she has done neither so now they are going to court for a contempt hearing.

The way I am looking at it is that if she does not care enough to fight for her rights to her daughter and to retain custody then he should ask for temp custody now and may be able to get it if the judge is mad enough at his ex.

Btw the child is 11 and mom has had sole custody since the divorce.

 

[Ohiogal]

LOL actually I suggested almost the same thing to him.

As far as the motion I am not real clear on it but the way it was explained was:

She failed to answer the original petition and cousins lawyer was ready for court on the first court date. Judge gave her another 30 days to respond and/or get a lawyer and she has done neither so now they are going to court for a contempt hearing.

The way I am looking at it is that if she does not care enough to fight for her rights to her daughter and to retain custody then he should ask for temp custody now and may be able to get it if the judge is mad enough at his ex.

Btw the child is 11 and mom has had sole custody since the divorce.

If she has had sole custody since the divorce, the impetus is NOT on HER to fight for her rights to her daughter. The battle is for your cousin to PROVE that a custody change after 11 years is in the best interest of the child. And a judge's anger over a contempt issue isn't going to be enough to do it.

 

[acmb05]

Well he went to court this morning. Trial lasted all of 5 minutes and mom did not show up again.

My cousin was awarded full custody of his daughter. They said he should have his paperwork by Friday at the latest and to immediately go and pick her up, not give the mom any time to let it sink in and take off with the child.

 

[weenor]

Tell cousin to be prepared for a motion to set aside the judgment....since she was given an extra 30 days to answer it is unlikely that the judge will grant the motion...but if she comes up with a good enough reason for not answering or showing up....you never know.

 

[rmet4nzkx]

Someone is leaving something out.
If mom has had SOLE custody of this 11 yearold child AND she also resides with the father's mother for the last year and she want's to testify AND there are alligations of dad planning on kidnapping the child and dad doesn't reside in the same state as the child, it doesn't add up.

You say mom was duly notified of the court action, exactly what do you mean by that?

 

[acmb05]

Someone is leaving something out.
If mom has had SOLE custody of this 11 yearold child AND she also resides with the father's mother for the last year and she want's to testify AND there are alligations of dad planning on kidnapping the child and dad doesn't reside in the same state as the child, it doesn't add up.

You say mom was duly notified of the court action, exactly what do you mean by that?

Ok mom was in Memphis as of last nite with her internet boyfriend. She lived with the father's mother for a year because she was going thru treatment for skin cancer and could not work. She moved out and moved in with her mother 3 months ago.

Grandma did not even make it into court, by the time she got there at 9:05 and got thru metal detector it was over.

The allegations of kidnapping was the mother telling the child this among other things (parental alienation) There was never an allegation of kidnapping as I stated in the previous post just the mother telling the child this. The father resides in Kentucky and although it is not in the same state it is within the 50 mile range that was in the original order that neither parent could move without consent.

Mom was duly notified by the courts of the action against her and told she had 30 days to respond and that if she could not afford an attorney that one would be appointed to her. She did not respond in that 30 day period and judge issued a 30 day continuance and she was notified if she did not respond or have a lawyer respond in the 30 days she would be held n contempt. She still did not respond and contemp issue was going to be dealt with this morning when they got to court for the custody modification. She did not show up nor respond in any way to the order.

Whether it adds up or not even my cousins lawyer was surprised that he got full custody and not temp custody.

Just goes to show that if you dont fight hard enough for your child you can lose custody quite easily.

 

[rmet4nzkx]

Ok mom was in Memphis as of last nite with her internet boyfriend. She lived with the father's mother for a year because she was going thru treatment for skin cancer and could not work. She moved out and moved in with her mother 3 months ago.

Grandma did not even make it into court, by the time she got there at 9:05 and got thru metal detector it was over.

The allegations of kidnapping was the mother telling the child this among other things (parental alienation) There was never an allegation of kidnapping as I stated in the previous post just the mother telling the child this. The father resides in Kentucky and although it is not in the same state it is within the 50 mile range that was in the original order that neither parent could move without consent.

Mom was duly notified by the courts of the action against her and told she had 30 days to respond and that if she could not afford an attorney that one would be appointed to her. She did not respond in that 30 day period and judge issued a 30 day continuance and she was notified if she did not respond or have a lawyer respond in the 30 days she would be held n contempt. She still did not respond and contemp issue was going to be dealt with this morning when they got to court for the custody modification. She did not show up nor respond in any way to the order.

Whether it adds up or not even my cousins lawyer was surprised that he got full custody and not temp custody.

Just goes to show that if you dont fight hard enough for your child you can lose custody quite easily.

Please just answer the question I asked, don't restate the same thing you said before.


You say mom was duly notified of the court action, exactly what do you mean by that? Was she personally served? At what address? Did someone accept service for her without her advise or consent?



Now the additional facts re mom being in treatment for cancer may be very relevant as well as whom ever was delayed comming through the metal detector and late to the proceedings. It is by no means a done deal and appears that there may indeed be grounds for appeal. Your cousin should be ashamed for creating undue stress in mom's life while she in undergoing cancer treatment. Does the Judge know about that, or was that left out? But answer my other question first.

 

[acmb05]

Please just answer the question I asked, don't restate the same thing you said before.


You say mom was duly notified of the court action, exactly what do you mean by that? Was she personally served? At what address? Did someone accept service for her without her advise or consent?



Now the additional facts re mom being in treatment for cancer may be very relevant as well as whom ever was delayed comming through the metal detector and late to the proceedings. It is by no means a done deal and appears that there may indeed be grounds for appeal. Your cousin should be ashamed for creating undue stress in mom's life while she in undergoing cancer treatment. Does the Judge know about that, or was that left out? But answer my other question first.

Yes, at her address she was living at at the time, yes SHE accepted service BOTH times. When I said she was duly served that is what I meant.

 

[acmb05]

Please just answer the question I asked, don't restate the same thing you said before.


You say mom was duly notified of the court action, exactly what do you mean by that? Was she personally served? At what address? Did someone accept service for her without her advise or consent?



Now the additional facts re mom being in treatment for cancer may be very relevant as well as whom ever was delayed comming through the metal detector and late to the proceedings. It is by no means a done deal and appears that there may indeed be grounds for appeal. Your cousin should be ashamed for creating undue stress in mom's life while she in undergoing cancer treatment. Does the Judge know about that, or was that left out? But answer my other question first.

Since you do it so often I thought you would go back and read past threads on this which would answer all the questions you just asked.

Mom was in treatment but is not any more. Dad brought the action because mom was going to move out of state with the child with a man she had met on the internet but had never actually met face to face. Original court order stated that neither parent could move more than 50 miles from original county where divorce was 11 years ago. My cousin filed to prevent the move and to attempt to get custody.

It was my Aunt who was late and since she legally had no rights in the case being the grandmother(my cousins mom) therefore she was not going to testify. If anything she would have hurt his case if she had attempted to intercede in the case which she thought she had a right to do.

Judge knew all about moms illness it was stated in the papers my cousin submitted to the court in the beginning.

 

[rmet4nzkx]

Yes, at her address she was living at at the time, yes SHE accepted service BOTH times. When I said she was duly served that is what I meant.

Why can't you answer the question?
Where was she served, at the father's mother's house or at her mother's house?
How do you know she and not someone else signed for the summons since she was living with others. I ask because people accept service or sign for CRRR all the time for others.

Does the judge know about her cancer treatment?

 

[acmb05]

Why can't you answer the question?
Where was she served, at the father's mother's house or at her mother's house?
How do you know she and not someone else signed for the summons since she was living with others. I ask because people accept service or sign for CRRR all the time for others.

Does the judge know about her cancer treatment?

Already answered. quit asking. SHE SIGNED FOR THE PAPERS FROM THE COURT. IT IS HER SIGNATURE. Dont you think the judge would look at all of that before making his ruling. And you say I have a comprehension problem.

 

[acmb05]

What are you arguing about anyway the Judge made his ruling this morning. I was not asking for advice on it just an update on what happened in court.

The mother did not answer the summons either time nor did she bother to show up for court(again she was in Memphis with her internet friend) If she cares so little about her child then she got what was coming to her.

 

[rmet4nzkx]

Since you do it so often I thought you would go back and read past threads on this which would answer all the questions you just asked.

Mom was in treatment but is not any more. Dad brought the action because mom was going to move out of state with the child with a man she had met on the internet but had never actually met face to face. Original court order stated that neither parent could move more than 50 miles from original county where divorce was 11 years ago. My cousin filed to prevent the move and to attempt to get custody.

It was my Aunt who was late and since she legally had no rights in the case being the grandmother(my cousins mom) therefore she was not going to testify. If anything she would have hurt his case if she had attempted to intercede in the case which she thought she had a right to do.

Judge knew all about moms illness it was stated in the papers my cousin submitted to the court in the beginning.

I am trying to keep you focused.

Filing to block a relocation is not a contempt hearing.

You are filing about things for which you have 3rd hand knowledge, more of your confusion.

Your Aunt has a right to testify as to her knowledge of the facts, it is not a matter of standing insofar as GPV or other issue, get that out of your head.

She is an excellent witness as to what has been happening during the year mom and child lived with her and obviously you and your cousin don't want her to testify as you feel it would be detramental to your cousins case to have his own mother both provide shelter to mom and grandchild but to also testify. It is the judges decision as whom they will hear, not yours.

That your cousin gave his version as to mom's illness is not relevant especially since he has lived in another state and would not have waivers signed nor first hand knowledge of the facts.