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What are his chances?

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KC35

Junior Member
What is the name of your state?What is the name of your state?TN
This is actually for a good friend of mine. My husband has a child from his first marriage, and I am way to familiar with the fact that courts are biased toward moms. However, I have never had to deal with the stuff that my friend has put up with since marrying her husband. He has 2 kids (13 & 8) from his first marriage. Up until July, he had joint physical custody. He had them 50/50 and still paid almost $400 in support. And, apparently he took leave of his senses when he signed the divorce papers and pretty much signed his life away. He agreed to maintain health ins., pay 100% of ALL unpaid medical and dental, and buy ALL clothes, etc. This guy is a plumber-not a millionaire. From the time my friend started dating this guy (3 yrs ago) she had full access to the antics of the ex. This woman is an absolute nightmare. He divorced her after he caught her in the shower with his best friend (get the idea?). Because he divorced her, she has made it her mission to destroy him financially. She almost never picks up the kids when she is supposed to, on the days she had them, (would actually call my friend at work and tell her to pick them up-she had to have her nails done). She yells at him and cusses him in front of the kids (and to the kids when he isn't around), and harrassed him regularly for the longest time. After my friend married him, the ex actually called my friend and asked which church the got married in (she wanted to get married in the same church), and went out and bought the same vehicle he bought (only a new one) the week after he bought it. The payment is $600. She then moved 2 hrs away with the new hubby and took the summer off of work. She had already told my friends hubby she was moving after she married and would take him to the cleaners for child support. She was assuming the order would be in effect the same time she moved so she could pay the new car payment with it and quit work. She actually told the kids to tell their dad that she was going to take everything he has. My friend has actually seen her wearing the daughters Christmas presents that SHE bought for her-sweaters and shoes. She actually told the kids "see, your daddy doesn't even love you enough to show up for court"-the modification she had filed, but he was never served with. She is absolutely vicious. I know how hard it is for a father to get full custody, and I have told my friend this. But I can't believe the court won't take all this crap into consideration. I also realize the school year has started. Do they have a chance at all? I have told them to forget just fighting the modification and to go for full custody. This man loves his kids more than life, and it is killing him knowing what they are being subjected to. Especially now that he only gets them every other weekend. Anyone have any knowledge of Tn law and his chances of success in court? Sorry so long, but I had to get the relevant stuff in. Thanks.
 


LdiJ

Senior Member
KC35 said:
What is the name of your state?What is the name of your state?TN
This is actually for a good friend of mine. My husband has a child from his first marriage, and I am way to familiar with the fact that courts are biased toward moms. However, I have never had to deal with the stuff that my friend has put up with since marrying her husband. He has 2 kids (13 & 8) from his first marriage. Up until July, he had joint physical custody. He had them 50/50 and still paid almost $400 in support. And, apparently he took leave of his senses when he signed the divorce papers and pretty much signed his life away. He agreed to maintain health ins., pay 100% of ALL unpaid medical and dental, and buy ALL clothes, etc. This guy is a plumber-not a millionaire. From the time my friend started dating this guy (3 yrs ago) she had full access to the antics of the ex. This woman is an absolute nightmare. He divorced her after he caught her in the shower with his best friend (get the idea?). Because he divorced her, she has made it her mission to destroy him financially. She almost never picks up the kids when she is supposed to, on the days she had them, (would actually call my friend at work and tell her to pick them up-she had to have her nails done). She yells at him and cusses him in front of the kids (and to the kids when he isn't around), and harrassed him regularly for the longest time. After my friend married him, the ex actually called my friend and asked which church the got married in (she wanted to get married in the same church), and went out and bought the same vehicle he bought (only a new one) the week after he bought it. The payment is $600. She then moved 2 hrs away with the new hubby and took the summer off of work. She had already told my friends hubby she was moving after she married and would take him to the cleaners for child support. She was assuming the order would be in effect the same time she moved so she could pay the new car payment with it and quit work. She actually told the kids to tell their dad that she was going to take everything he has. My friend has actually seen her wearing the daughters Christmas presents that SHE bought for her-sweaters and shoes. She actually told the kids "see, your daddy doesn't even love you enough to show up for court"-the modification she had filed, but he was never served with. She is absolutely vicious. I know how hard it is for a father to get full custody, and I have told my friend this. But I can't believe the court won't take all this crap into consideration. I also realize the school year has started. Do they have a chance at all? I have told them to forget just fighting the modification and to go for full custody. This man loves his kids more than life, and it is killing him knowing what they are being subjected to. Especially now that he only gets them every other weekend. Anyone have any knowledge of Tn law and his chances of success in court? Sorry so long, but I had to get the relevant stuff in. Thanks.
Well, I can certainly understand why he would want to try for primary custody (he won't get full) but his biggest problem is going to be PROVING his allegations. It can be tough to do if your only witnesses are children and your wife. He is going to need to be prepared to spend some "bucks"...a case like that is going to probably need both a GAL and an evaluator.
 

KC35

Junior Member
I totally understand what you are saying. I have told her time and again to write this stuff down. Recently, she did start. I have also mentioned that she needs to start recording phone converstations (I haven't check to see the laws on that here in Tn though). I have also told her that (in my experience), when custody was challenged for such reasons, a court appointed psychologist would be appointed and would interview both kids and both parents. The kids would have no problem telling them all the lovely stuff that goes on. I have also told them it is going to cost a fortune. That is one reason I advised them not to bother with just modifying payments and such, and just to for custody and if that doesn't work, then deal with the modification. No point in putting out money for the mod. and then later (after things undoubtedly get worse), turn around and do it again for custody. I know I read on here somewhere where a parent was taken back to court on the grounds of 'non-compliance' (?), because of that clause about the kids not being subjected to derogatory talk about the other parent. What would the technical term for that one be? I do know that that clause is in the divorce decree-I saw it myself.
 

LdiJ

Senior Member
KC35 said:
I know I read on here somewhere where a parent was taken back to court on the grounds of 'non-compliance' (?), because of that clause about the kids not being subjected to derogatory talk about the other parent. What would the technical term for that one be? I do know that that clause is in the divorce decree-I saw it myself.

The problem is proving it. If the kids will talk that makes a big difference but sometimes you think kids will talk and then their loyalty to the parent kicks in and they don't...or they aren't believed because someone thinks that they have been "coached".

I know a woman whose ex and his wife are committing alienation so severely that the GAL, the evaluator and even the children's counselor are literally SCREAMING for the judge to take away this dad's 50/50 parenting time and switch it to supervised visitation....and the judge won't do it. That is an extreme case but it happens.
 

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