My question involves a child custody case from the State of: Tennessee
I am an unwed mother, 6 year old child. I have been the primary residential parent since birth. Never co-parented with father (he left while I was pregnant)
Paternity is established through DNA test.
We went to court after the child was born and several times since then, but all the orders on file with the court discuss only visitation and child support. There are no orders on file with the court that specifically discuss custody. Not all of the orders from each court date were filed, so I am getting the audio file from the court date that I believe we would have addressed custody, but as far as I know there has never been anything in writing about legal custody and decision making.
Our issue: Paternal grandmother doesn't like that I'm homeschooling; Dad filed for custody
Petition: Alleges only that I unilaterally pulled my son out of school against father's wishes (and contains language throughout that suggests that he is not being schooled at all) and discontinued relationship of my son with paternal grandmother. Does not address any detriment to child, and seems to be relying only on best interest standard. Also - they filed a complaint with child services as well, alleging neglect. That case was closed immediately. Petition is also riddles with things that are factually untrue, including that the father is current on support. lol.
I have been told a few things that I would like to confirm before writing my answer to father's petition for custody.
1. I have full legal custody by default since there has never been anything in writing granting him legal custody.
2. The burden of proof is on father to show significant change in circumstances and detriment.
I will probably have more questions... :)
I am shopping for a local lawyer that will not require a huge retainer, and will take monthly payments at least until taxes come back. I have a decent job, but I only work 3 days a week outside of the home.
I am an unwed mother, 6 year old child. I have been the primary residential parent since birth. Never co-parented with father (he left while I was pregnant)
Paternity is established through DNA test.
We went to court after the child was born and several times since then, but all the orders on file with the court discuss only visitation and child support. There are no orders on file with the court that specifically discuss custody. Not all of the orders from each court date were filed, so I am getting the audio file from the court date that I believe we would have addressed custody, but as far as I know there has never been anything in writing about legal custody and decision making.
Our issue: Paternal grandmother doesn't like that I'm homeschooling; Dad filed for custody
Petition: Alleges only that I unilaterally pulled my son out of school against father's wishes (and contains language throughout that suggests that he is not being schooled at all) and discontinued relationship of my son with paternal grandmother. Does not address any detriment to child, and seems to be relying only on best interest standard. Also - they filed a complaint with child services as well, alleging neglect. That case was closed immediately. Petition is also riddles with things that are factually untrue, including that the father is current on support. lol.
I have been told a few things that I would like to confirm before writing my answer to father's petition for custody.
1. I have full legal custody by default since there has never been anything in writing granting him legal custody.
2. The burden of proof is on father to show significant change in circumstances and detriment.
I will probably have more questions... :)
I am shopping for a local lawyer that will not require a huge retainer, and will take monthly payments at least until taxes come back. I have a decent job, but I only work 3 days a week outside of the home.
Establishing an Order: How to Answer Petition for Custody Involving Unmarried Parents
0 commentaires:
Enregistrer un commentaire