There are many factors spelled out in OCGA 19-9-3. In general, the court will look out for the best interests of the child. No, he cannot win custody just because he has money but it would be best for you to borrow money or use a credit card to afford your own representation, and request that he reimburse attorney's fees at a later time.
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12 years oldIn Tennessee, the child must be at least 12 years old. That would be the legal age at which the child could express a preference of a parent to live with over the other. Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian).
Tennessee Code on Parental Restrictions, Unfit Parents The parent has engaged in willful abandonment that continues for an extended period of time. Physical or sexual abuse or a pattern of emotional abuse of the parent, child, or of another person in the home has occurred.Jul 9, 2020
12When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.
Generally, in the state of Tennessee, attorney's fees are not recoverable unless you have entered into a contract which states that they are recoverable. That means you are typically responsible for paying all legal fees, even if you win the court case.Aug 15, 2016
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.May 31, 2021
In Tennessee, an unmarried mother automatically has both physical and legal custody of the child until the father establishes paternity. However, once paternity is established, you have the same rights as any father does, under the law.Aug 17, 2020
Is Tennessee a mother or father state? Neither. Some fathers' rights activists may say it is a mother state because Tennessee does not have an equal parenting time presumption.
If a child simply refuses to live with one parent, courts may award custody to the other parent. In one case, two girls, aged 12 and 16, refused to live with their mother, who had mental health problems; the court honored their request to live with their father.
As in other states, Tennessee judges treat a petitioner and a defendant equally fairly. Therefore, officially, it makes no difference which spouse initiates a divorce. Yet, filing for divorce first in TN can bring several benefits that we will discuss below.Jul 9, 2021
Child’s Age. “Tender Years doctrine” was a legal principle in family law that provided custody rights to the mother, if the child was in their tender years (aged four or under). The principle was replaced by the “best interests of the child” doctrine of custody, which emphasizes the child’s interests while determining custody rights.
0. Divorce involves couples splitting assets, sharing debts, and may also entail deciding which parent gets custody of the children. It is advisable for parties to a divorce case to avail the services of experienced lawyers for child support who can take the necessary steps to strengthen and fight their case.
Many states authorize the courts to impose what is commonly known as “domestic violence presumption” ,and the judge can assume the parent is not fit to care for the child if the other parent proves a history of domestic violence. 5. Each Party’s Willingness to Support the Child’s Relationship With the Other Parent.
Children who are 12 years of age or more have the right to express their desires about the parent they want to live with. Under the Texas Family Code 153.009, parties to a divorce case can file an application requesting the judge to interview the kid and learn about their wishes.
I agree with my colleagues. You should seek an attorney that has experience with dealing with custody disputes. If he contests custody, you will likely need to appoint a guardian ad litem in your case. This person will do a thorough investigation and report to the judge what is in your child's best interest.
I agree with most of the advice previously given. But I would be careful about disallowing the father's contact with the child. You need to have a temporary hearing set as soon as possible. His failure to pay any support and your possible refusal to allow him to see the child are both potentially negative factors.
Let me stress that you will be at a huge disadvantage without a lawyer and need to speak to one ASAP. That may frankly be the difference between a good and bad outcome, as if he outlawyers you, you may never effectively present your case.
It is not uncommon for a husband who is accustomed to being in control of things to use that threat in a divorce case. They have a hard time coming to grips that they cannot dictate who gets the child just because they have more money. The bottom line is that the Judge will make that decision based on the child's best interest.
There are many factors spelled out in OCGA 19-9-3. In general, the court will look out for the best interests of the child. No, he cannot win custody just because he has money but it would be best for you to borrow money or use a credit card to afford your own representation, and request that he reimburse attorney's fees at a later time.
I advise that you go ahead and speak with a family law attorney about this confidentially. A spouse's employment and/or income (or lack thereof) is not a "make or break" factor, but it is relevant.