Q: My daughter, myself, and her father lived here in Tennessee. He brought us here and then left and went back to TX.
My daughter and I have been in Tennessee for 1 year and 2 months. He has served me to modify visitation and is suing me for alleged increased costs and attorney's fees. He left us here peniless and I'm have no idea how to respond or if I even should. He is also only allowed supervised visitation in Tennessee due to assaulting the child in question as part of a State CPS Safety Plan.
A:
You don't say what State court (TN or TX) is involved in the papers that were served on you, but I assume it is TX. You need to respond to that since TN has apparently already assumed jurisdiction over the child/parenting issues. ( He apparently didn't like the result of the TN court so that is probably why he is trying to change it in TX). The judge in TX won't know what has happen in TN unless you respond, so you should try to hire a TX lawyer to get that case "thrown out"
Most states have adopted a uniform law which resolves these type of conflicting cases in different states, and it sure sounds like TN is the "home state" since you have been living here for more than six months. If you can't afford a lawyer, at least send the court clerk a letter spelling out your situation and giving the history of what has happened and asking the Judge to grant you more time to respond.
Hope this helps.
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