Custody Modification Legal Steps

Summary

Modifying custody in tennessee requires proving a significant change in circumstances and that it benefits the child. Document harassment and threats for legal protection. Leaving the state isnt illegal, but non-compliance with visitation orders can be. If the father endangered the child, it strengthens the mothers case. Consult a family law attorney for personalized advice.

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John
Great to have you here, John! Could you share a bit more about your legal issue? That way, I can provide more specific information or guidance related to your situation in Tennessee.
my fiancé and I live in Tennessee, and she had a paternity case where her former boyfriend they were not together at the time of the case was seeking parental rights and custody of her daughter. the court ruled that she had full custody and that the now confirmed father had only supervised visitation at the mother's discretion. the father then left the state and moved in with his brother who is in the marines and stationed in North Carolina. Now he is harassing my fiancé the mother of the child and threatening to take "take the child away" by trying to get custody again. so, my questions, based on the above information what can the father do legally to get custody and how can the mother prevent it.
To address this situation, here are some key legal points for Tennessee:
- Modification of Custody: The father can file for a modification of custody, but he must prove a significant change in circumstances and that the change is in the child’s best interest.
- Preventing Custody Change: Your fiancé can document all harassment and threats, and consider seeking a protective order. Consulting with a family law attorney is advisable for personalized legal strategies.
Has your fiancé considered consulting a family law attorney to discuss these threats and any possible legal actions she can take?
did he break any laws by leaving the state
Leaving the state itself isn't illegal, but if the father fails to comply with the court's visitation order, it could be a violation. Documenting any non-compliance or harassment can support your fiancé's case. Consulting a family law attorney is crucial to navigate this situation effectively.
is it hard to get a modification of custody in TN
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In Tennessee, obtaining a custody modification requires demonstrating a significant change in circumstances and that the modification serves the child's best interests. It can be challenging, but not impossible. Your fiancé should gather evidence of the father's behavior and consult a family law attorney for guidance.
what if the father has put the childs life in danger and tried to lie about it
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If the father has endangered the child’s life and lied about it, this can be a serious issue. Would you like to be connected to local lawyers who can better assist you with your case?
this was already a determining factor in the ruling and a major reason the mother was granted full custody
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It seems like the custody issues have already been assessed by the court. If the father is harassing your fiancé, documenting this behavior is essential. It's important to continue consulting with a family law attorney to ensure her rights and the child's safety are protected.
what options does my fiancé' have if she cannot afford an attorney
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If your fiancé cannot afford an attorney, she may consider the following options in Tennessee:
- Legal Aid: Contact organizations like Legal Aid Society of Middle Tennessee for free or low-cost legal assistance.
- Pro Bono Services: Some attorneys offer services for free or at a reduced cost.
- Self-Help Resources: Utilize court-provided resources and self-help centers for guidance.
These options can provide support and advice in navigating her legal situation.