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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am currently involved in a battle to set jurisdiction between

Customer Question

I am currently involved in a battle to set jurisdiction between the states Tennessee and South Carolina.my girlfriend and I lived here since August 2014. The beginning of February she left unexpectly with our son. I filed a petition in the state of Tennessee in March. But the courts are debating on jurisdictionand the next hearing isn't until August 14.I am having trouble getting her to compromise and allow me to see match out or have any knowledge of his well-being. At times she will talk as she will compromise and then she will back out after I made the trip to get my son for a couple days. Only 5 days have she allowed me to see my son in 5 separate visits in the prior 5 months. recently this past Memorial day weekend I again took two days off of work to have a valuable bonding time with my 12 month old son. She did not follow through with the provisions she proposed and I missed out on getting to see him again. I would like to state that I am in a 14-year-old marriage where I have two daughters one 14 one 10. My wife and I were separated because of the girlfriend scenario and the new child. We are now together. I will also like to read that my name is ***** ***** birth certificate of the child. What are my rights and how can I proceed to follow through legally binding her to honor my rights? Also, how do I move forward and implement terms of visitation until custody is sit in? Will you please help me?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I do have an attorney who I have recently, two days, been waiting an answer to establish some type of visitation rights that the mother can not disregard.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can ask your attorney to file a motion for emergency order of temporary custody and visitation in the TN court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), since the child's last permanent residence was in TN. It is up to the Court in TN to issue an order which you would then be able to take to SC and file in the SC court to ask them to domesticate and enforce the order under the UCCJEA pending the final determination of jurisdiction.
This too is not a fast process and can take 60 days or more to accomplish, which is why your attorney may not be communicating with you because it is hard to make things happen as fast as parents want in these cases through the legal system.
The motion for temporary custody and visitation motion under the UCCJEA is really the only legal option you have to try to get an order in place you can enforce until jurisdiction is settled though.
Customer: replied 1 year ago.
Ok. I will follow up with that motion. Meanwhile, what am I suppose to do about knowing the well being of my son? I have paid child support even not being directed. I have also paid for her two vehicles and insurance that cost me a burden. However, I do so to obtain contact with my childs mother and reason to keep some type of chance to be able to be a daddy to my child. I have always been under the impression that a father that has his name on the birth certificate does have equal parenting rights in court. What does "equal parent rights in court" mean? Also, what can I do in the meanwhile to secure my chances at split custody?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You do have equal parenting rights unless there is a court order to the contrary. In fact, until the court issues a custody order, if you do get the child there is nothing she can do other than go to court to make you return the child to her. However, going through court usually causes less drama and fighting and will make you look better in court. If you go to court to show she is not giving you your rights, it shows the court you are interested in doing things properly.
To secure your chance at a fair custody sharing plan, you need to show the court how you would be a good parent and sharing the child equally would be best for the child.