Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?
On Dec 25, 2018 my wife left our home to visit family in KY with a verbal and mutual agreement to return home on the 27th. Long story short sometime on the morning of the 27th she inexplicably decided not to do this and filed for an order of protection alleging violence and abuse. This order was initially denied as it failed to present evidence of a clear and present danger, and was later rejected for similar reasons and the lack of jurisdiction that KY had over the case. Since the 27th she has not allowed any contact with my children and I have repeatedly asked for this. What, if anything, can I do about this? I've been shying away from the idea of divorce for various reasons (I'd rather we worked through any issues) but I understand that may not be my decision to make. I think it is worthy to note that she has several felonies on her record, and was abusive in our relationship, but I have no official record of these abusive episodes. I would like to secure custody of our children...
A: File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word "custody"). Consult an experienced family law attorney for advice on your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
