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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was falsely accused of domestic assault by my

Customer Question

I was falsely accused of domestic assault by my ex-girlfriend which led to me being arrested and spending the night in jail. My ex-wife then took out a temporary restraining order so I couldn't see my kids at all within a few days after I was arrested.
Unfortunately, the hearing for the TRO was a week before the hearing for the criminal case (which was dropped) so in order to get the TRO lifted, I had to agree to terms in a temporary parenting plan that I wouldn't have agreed to if that hearing took place after the hearing for the domestic assault. (My original parenting plan has me at 50/50 parenting time and decision making. The temporary plan until we have the trial for the permanent modification has me only seeing my kids every other weekend and Saturday night on my off weeks...roughly 6 days a month.)
Is there a way to request that my parenting time be revised under the temporary plan since the TRO was based on a false criminal allegation that was dropped in court?
Also, my ex-wife and ex-girlfriend have been supporting each other in both of these cases, spending a lot of time together with my kids, trying to have my kids testify against me in the criminal case, etc. so I'm hoping that would help the judge understand that I deserve to have my parenting rights back immediately.
Please let me know what my options are. Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me:

1) Who pushed the parenting plan - CPS? Or the mother?
2) Was this parenting plan actually a jointly agreed court pleading, or simply an agreement that was never filed with the Court? In other words, was this parenting plan ever confirmed by the Court?
3) What state is this in?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1) Who pushed the parenting plan - CPS? Or the mother?Our original permanent parenting plan was filed with the court system after our divorce. My ex-wife took out a temporary restraining order on me and included a petition to modify our existing parenting plan with a new plan. We went to mediation and I refused to accept the new terms so nothing happened until the TRO hearing. At the TRO hearing, I was advised to agree to the temporary parenting plan they were proposing (the mother and her counsel) so they would agree to drop the TRO and I could see my kids. The problem is that I still had the criminal charge on my neck while all this was being negotiated but now I don't and I want my kids back without having to wait months until the custody trial.2) Was this parenting plan actually a jointly agreed court pleading, or simply an agreement that was never filed with the Court?The new plan was jointly agreed to at the TRO hearing (not something the judge decided but was decided between both parties and announced to the judge)In other words, was this parenting plan ever confirmed by the Court?The temporary plan was confirmed by the court but my frustration is that the domino effect of this case was caused by the false allegation made by my ex-girlfriend. Since those charges were dropped, I feel like there needs to be something I can do to have the judge re-examine my parenting time under the new temporary order until it goes to the permanent modification trial.3) What state is this in? Tennessee
Expert:  Ely replied 1 year ago.

Thank you.

Is there a way to request that my parenting time be revised under the temporary plan since the TRO was based on a false criminal allegation that was dropped in court?

Yes. What someone in your situation wants to do is to file a (a) Motion To Modify (Temporary) Custody Orders if these orders are temporary, or, (b) a Motion to Set Aside Decree/Judgment if the orders set are final and it is within 30 days, or, a (c) Petition to Modify Custody if the orders are final and it has been 30 days since that time.

For (a) and (c), see HERE.

It would be hard to set aside something that one agreed upon (regardless of pressure), but, it may be doable if the Court believes that it is "in the best interest of the child," which overrides pretty much anything else.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!