How and what type of forms do i file for custody of my two children in the state of tennessee?

Child Support 2 views 3 answers
The mother to my children has dropped my children off to my family and stated she could not keep them because of not haveing a stable environment for my children to live in at this time due to no electricity and due to her boyfriend kicking my children out of his house. my family called me and said they couldnt care for them any longer and needed me to take my children in and that my family (grandparents) have not heard from her in 2 weeks and now i have taken my boys into my home providing shelter,electric, food and transportation for them and am wanting to file for custody so my children can have a stable place to live with me (their father). I currently pay child support but i now have my children staying with me and need to know what to do. please any information would help thanks.

Attorney Answers

3
anto V. Artusa Jr.Divorce / Separation LawyerJersey City, NJ ·
You should be able to locate forms online or go to the county courthouse an obtain a "pro-se" kit or the forms needed from them, most courts do have them. Fill it out for residential custody and/or sole custody and indicate in the paperwork what she did. It wouldn't hurt to have a local attorney on your side too. You also need to file a motion or application to stop child support and/or obtain child support from her.
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Jessica Levine ·
This may be best handled by an attorney but you can do it yourself. If you have a parenting plan in place - You need to motion to amend the parenting plan to reflect that you are now the full time parent. Along with this, you can include a new child support worksheet, to be approved by the court, which will change, and probably in your case, eliminate your obligation to pay child support to your ex, who does not have the children. You should ask to be the primary custodial parent and to have 365 days with the children. I'm sorry you are going through this but at least you have your children, with you, in a safe place now. Good luck with everything.
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Ben Houston ·
Ms. Levine has given an excellent answer. The only thing that I would add to her answer is that this may be an appropriate case to seek emergency injunctive relief granting you temporary custody of your children pending a final hearing. Given the Mother's current unstable situation, it would probably not be a good thing if she came and picked up the children. Yet in the absence of an order granting you temporary emergency custody, there is nothing legally in place to prevent her from doing so. If you can afford to do so, I would highly recommend hiring an attorney to assist you with this process as soon as possible. Best of luck!
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