QUESTION
Im the aunt needing a petition of emergency custody
Asked on Dec 03rd, 2019 on Child Custody - Tennessee
More details to this question:
I am the maternal aunt of two young girls in the state of tn. temp. custody was given to the girls father, until the final decision is granted between the biological father and my sister the biological mother who children services in tn filed a neglegence and something against her. I have just recieved a phone call from the girls biological father, she and her daughter both stated to me multi circumstances that led up to them telling that the biological father her son and his wife has plans to move to Michigan which is out of state. he isn't supposed to leave with them legally. any advise of how or what to do is very well appreciated i do not have the money to hire a attorney. any free or pro bono suggestions what am i to do right now im scared of losing them. HELP
1 ANSWER
I'm sorry your question is a little confusing. I think it says biological father has custody of your nieces, and he wants to move with them to Michigan. I don't know much about bio father, but if he is a fit and proper parent, he can probably live where he wants. Your sister, if she has parental rights left, could file an action to oppose the relocation, but under her current circumstances of not having custody, I don't know how far she would get. There's a lot of facts that go into relocation cases. As a relative, unless Father and Mother are both unfit, you would not have any grounds that I know of to file for custody. I know that's not what you're looking for but Father has the strongest rights in this scenario. Mother comes in second, but it sounds like her rights have been limited by the Court. You probably don't have much of any rights at all. I'm sorry.
Answered on Dec 09th, 2019 at 2:50 PM