Legal Question in Family Law in Tennessee

visitation conflicts

My ex husband and I have joint custody of our son. My son lives in Tennessee with his father. We all use to live in California. I have recently moved to Minnesota.

The California courts ordered joint physical and legal custody to both of us, with ex husband as the primary custodial partent. Against court orders my ex husband moved to Tennessee without my permission with our son. Now my ex won't allow me to see my son.

Who do I contact to file a 'petition to enforce physical placement orders?' Do I contact Minnesota, California, or Tennessee. Thank you for your time.


Asked on 2/20/06, 9:56 am

3 Answers from Attorneys

LAURA TEK LAW OFFICE OF LAURA TEK

Re: visitation conflicts

YOU SHOULD GET AN ATTORNEY IN TENNESSEE AND REGISTER/ENROLL YOUR CALIFORNIA DIVORCE PAPERS IN TN (BECAUSE THE CHILD IS NOW IN TN)AND SERVE HIM AND GET YOUR MATTER BEFORE A TN COURT. The TN Court will enforce your CA Order. It's easier than you think.

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Answered on 2/21/06, 10:59 am


Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: visitation conflicts

You could go back to the CA court and seek an order enforcing visitation. But the Tennessee county sheriff may or may not respect a CA court order. However, if you file suit in the TN county where your ex-husband is now located, then the local police will definitely enforce the court's order.

You can see a sample Motion for Visitation enforcement I drafted at

http://michaelguth.com/samplepleadings.htm

or

http://michaelguth.com/visitation.htm

The next link is just to general pages on my site that won't interest you.

http://michaelguth.com/mgsite/prose/sitemap.html

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Answered on 2/20/06, 10:21 am
Marc Reisman Rosenblum & Reisman, P.C.

Re: visitation conflicts

This is a tough one. While I could make an argument for California retaining jurisdiction, my guess is that your safest bet is to enrol the California order in TN and enforce it here. Before doing so, my suggestion is to hire a TN attorney in the area where the child currently resides and pay for an opinion letter as to whether TN has jurisdiction and if so consider following the advice of that attorney. You could do the same in Cal. or Minn. as long as you find a lawyer you feel will honestly tell you where he or she believes jurisdiction to lie. Best of luck.

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Answered on 2/20/06, 12:44 pm

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