Q: I have custody of my two daughters and now i have to go to court for false allegations in Tennessee for contempt
The kids have seen they grand mother and sister every week since i had custody . UNTILL THE MOTHER MADE A DEATH THREAT TOWARDS ME AND MY FAMILY ON KILLING AND TRYING TO FIGHT ME IN FRONT OF THE GIRLS TWICE. WE CALLED LOTS OF TIMES BUT SHE WOULD NOT ANSWER OR WAS NEGATIVE . SHE COULD CALL AT THE TIME SET BUT DIDNT. WHEN IT COMES TO VISITATION SINCE SAFTY WAS THE ISSUSE I RESERVED TO MEET IN A SAFE PLACE WHERE DCFS TOLD ME TO GO IF GRANNY AND ANY BODY DIDNT COOPERATE AND THEY DIDN'T. I MOVED TO FLORIDA. FOR SAFTY AND BETTER JOB . SHE NEW I MOVED BUT NOT WHERE. I LET HER KNOW FOR VISTATION IT WILL BE SET UP AND WATCHED BY APPROPRIATE PEOPLE SHE DECLINED ALONG WITH GRANNY. NOW I HAVE TO COME TO TENNESSEE BECAUSE SHE FILED A PETITION FOR CONTEMPT . I FOLLOWED ALL RULES AND WHEN IT GOT OUT OF HAND DID WHAT THE JUDGE SAID ABOUT VISITATION BUT HAD TO MOVE DUE TO DEATH THREATS FROM MOTHER AND FAMILY. WHAT CAN I DO
A:
I want to preface my remarks by saying I do not practice family law. I am assuming there is a custody order
in some court in Tennessee and a divorce decree if you were married to the children's mother. I can only guess
what the custody requirements are. Even if you are the custodial parent,
leaving the jurisdiction of the court without permission is problematic. I suggest
you find a family law attorney in the county in Tennessee where you previously were residing
with the children.
It sounds like you have bona fide reasons to move but you need a court order giving you permission.
That requires allowing the mother an opportunity to advocate her position at a hearing. If not you could
be facing possible civil and criminal penalties. The court will determine what is in the best interest of your children.
Despite the fact you may have already breached a court order by moving without permission, you will
look much better to the court if you hire an attorney and let him or her help you get the legal permission you
need to leave the state with your children. Good luck.
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