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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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My step daughter is from Anniston, Alabama. She came to Nashville,

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My step daughter is from Anniston, Alabama. She came to Nashville, Tennessee, for a visit with her three small children. Over a year ago after a fire which left them with nothing, her husband began an affair, lost his job and left his family. He has paid no child support and had little to do with the children until moving in with another girlfriend a couple of months ago. I drove her back to Anniston and retained a lawyer who wrote up an agreement for divorce, child custody and child support. When the husband read the agreement, he became so enraged the attorney had to threaten to call police to get him out of her office. He then went to court and was granted temporary child custody stating that she left the state with the children. She came here to Tennessee to see her father for Father's Day and was staying here until July 4th to see the fireworks show that Nashville provides. What should she do or who should she contact to have the temporary custody order he has appealed so she can be allowed to stay for her children to see the awesome fireworks that Nashville has?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Do I understand the facts correctly that the children have been residing in Tennessee for the past year with the exception of a short visit back in Alabama
Customer: replied 6 years ago.
The mother and children reside in Alabama. They came to Tennessee for Father's Day and 4th of July. After hearing her situation, I took her back to Alabama to have a divorce agreement drawn up and then we came back to Tennessee. She intended on staying until 4th of July. But the husband informed her yesterday that he had been granted a temporary custody order and she had 24 hours to bring him the children. He has had little to do with the children for over a year. He knew they were here in Tennessee and only when he read the divorce agreement did he go to court for the temporary custody order.
Expert:  Ellen replied 6 years ago.

Absent proof of the custody order, your daughter has no actual knowledge that it exists and thus is not required to adhere to the order.

If your daughter has been furnished proof of the order, she can have her attorney in Alabama file a motion with the court to turn over the children next week based upon impossibility of performance due to the logistics involved in returning to Alabama.
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