Judge can't change custody
If dad gets 30 days in jail, won't the kid go back to mom til dad gets out? She has custody of the second child.
Some knowledge of TN law would be helpful.
Rude, irrelevant, stupid answers will be reported.
2006-08-29 02:53:42 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The DA is prosecuting the case on 2 counts of "IPP"
2006-08-29 03:20:27 · update #1
Call a TN custody lawyer & ask them what the typical outcome is. Since they're local they probably know the judge & how he rules in such cases.
2006-08-29 06:25:27 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You need to speak with a TN lawyer to see the options and which ones are viable in the court you'd be seeking the answer from. It may be that custody would not be awarded to the mother but the child may have to go to foster care. It could be that the paternal grandparent would speak up and just kind of take care of the child. It could be temporarily awarded to the mother which would open the door to getting permanent custody.
2006-08-29 03:01:19 · answer #2 · answered by hawkthree 6 · 0⤊ 0⤋
the judge has a lot of discression on what the penalty would be. It would be very difficult to tell without seeing the particulars of the case.
If there is jail time, which is rare in these kinds of cases, the child would not automatically go to mom. The judge could order foster care, or the dad could choose a relative or close friend to care for the child. Its all up to what the judge decides.
2006-08-29 03:01:39 · answer #3 · answered by Kutekymmee 6 · 0⤊ 0⤋
If he goes to jail & you have custody of your 2nd child there is no reason for them not to give you custody at least temporarily, of the 1st. If the father has ignored the court order twice, he's proven he is irresponsible & has no respect for the law. I'm sure the criminal judge won't be thrilled with a guy who ignores court orders.
Go get 'em!
2006-08-29 04:45:23 · answer #4 · answered by grrl 7 · 1⤊ 0⤋
There is no penalty unless the mother files a contempt petition or petition to modify custody. It is extremely unlikely that the father will get any jail time unless he willfully committed some act that was harmful to the former spouse or child. A parenting plan may require the parties to go to mediation unless there is a danger of exposing a child to a substantial risk of harm. In that event, a temporary injunction could allow the mother custody pending a full hearing.
2006-08-29 03:01:52 · answer #5 · answered by Kevin B 2 · 0⤊ 2⤋
became this a courtroom order? Did he not carry the newborn living house? replace of custody could be deal with especally if dad is getting 30 days for breaking an actual away order through the choose. i'd recommend dad contacting a criminal professional asap. this can get ungly for him good success Jenn
2016-12-05 21:24:58 · answer #6 · answered by esme 3 · 0⤊ 0⤋