Is it possible to obtain custody in the state of tennessee without getting a divorce first?
Oct 5th, 2009 | By oldhippydude | Category: Law & Ethics
ladyt51901 asked:
I have been seperated for 5 years and divorce isnt within my budget. my ex and myself share a daughter. i sent her to her father in ny for the summer and he refuses to send her home. since there is no custody order in place he has equal rights to her. but i want her to come home and i went to file emergency temporary custody in bradley county, at which i was told to get a divorce till then there was nothing that could be done.
I have been seperated for 5 years and divorce isnt within my budget. my ex and myself share a daughter. i sent her to her father in ny for the summer and he refuses to send her home. since there is no custody order in place he has equal rights to her. but i want her to come home and i went to file emergency temporary custody in bradley county, at which i was told to get a divorce till then there was nothing that could be done.
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If scared to death, call the police, act hysteric and say that your estranged husband kidnapped your daughter.
Your husband gets locked up and you regain custody.
If you are not scared to death, then obtain that temporary custody order in the county that your husband resides. Another alternative would be an order of protection.
no he have to bring that child back to you .take a warrent out on this person and you would see how fast she will back in your arms .that not the law in america.he just can’t take this child away from you .
I was able to do just that in Ohio – divorce wasn’t until 11 years later.
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You need an attorney ASAP. I’m not an attorney but based on my experience, in Indiana, if you are a ‘pauper’ you can file a divorce without paying the court costs. Family law attorneys deal with clients who have money problems all the time (in a divorce the same amount of income must support two separate families which equals money problems). Tell your lawyer upfront that you have very little money. Go to a sole practitioner or a small firm, they have more flexibility accepting clients who must pay in installments. Depending on the parties’ income, the Court may order your husband to pay all or a portion of your attorney fees (depends on the State).
But you need an attorney. Look at it this way, your husband is probably already going to file a divorce against you (and attempt to file in NY) if he’s made the move to keep your daughter. Has he enrolled her in school in NY – that should be another red flag! Better get an attorney. Good Luck.