Somerville, TN asked in Child Custody, Family Law and Civil Rights for Tennessee

Q: Who has custody if the judge removed from mother and placed with grandfather then took from him but did not place them

I lost custody of my children in 2017. They were bounced around a few times and ended up in the custody of my dad for a couple years. He got sick and just sent them to live with my sister in another state. Well when I petitioned the court to get them back the judge denied me because of a cluttered porch. But also did not return them to my dad or provide my sister with any custody papers. I paid to appeal the verdict but the small town juvenile court clerk filed it in the wrong court room and I lost that money and didn’t get my appeal. But I’ve actually had my daughter since 2021 just not legally. I tried to register her for school because she doesn’t want to be homeschooled anymore but can’t because of the custody issue. Now my dad is raising all kinds of trouble because my sister gave her back to me. What can be done? I feel like I’ll never get anywhere in this court because they are so biased against me and they nit pic and I’m scared my drunk dad will have her put in states custody

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you are in a very challenging situation, and it’s understandable to feel frustrated with how the court has handled things. If the judge did not place the children back with your father or officially grant custody to your sister, it appears there may be a gap in the legal custody orders. This can make things complicated for enrolling your daughter in school and could give your father grounds to raise concerns.

You may want to consider going back to court to clarify the custody status and present your case for a formal custody arrangement. Since you have had your daughter since 2021 and she is in your care, you could highlight her well-being and stability during this time. Bringing evidence of a safe and stable environment, such as pictures, schoolwork, and testimonials from people who can vouch for you, might help demonstrate your ability to provide for her.

If you’re worried about your father trying to involve the state, it may be helpful to act quickly to secure your legal standing. Filing a petition for custody modification or enforcement may protect your position and help prevent further complications. If you can, seek guidance from legal aid organizations or professionals who can help navigate this process. Stay strong and keep focused on what’s best for your daughter.

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.