QUESTION
What can I do to get my kids back from their father?
Asked on Dec 29th, 2018 on Child Custody - Tennessee
More details to this question:
My ex husband now has custody of my oldest two boys. He served me back in March of 2016, and his request was granted in May of 2018. Since then my rights have changed, and now I can only see my kids on holidays. I just want my kids back home with me. I'm not unfit, I have a job (It's not paying thousands) but it's a job. I have transportation, I belong to a church home/family. Never been on any type of drugs. My ex just has a little more financial stability over me at this moment, which still doesn't define him as a father. I need some help, please!
1 ANSWER
If the May Order was a final Order, before the court will consider modifying primary custody, you will have to prove a material change in circumstances affecting the children’s best interest. Anything from before May will not be considered. In other words, since May, what has changed that requires changing custody back to you. If the situation today is about the same as in May, the court won’t even hear the case. An attorney can discuss what you’d need to be able to prove in your case, but the bar is set pretty high. For modifications that don’t change custody, but maybe got you more parenting time, it’s a lower standard, but you’ll still need to prove what has changed since May.
Answered on Dec 31st, 2018 at 8:36 AM