Child Custody Legal Complications

Summary

The user, a resident of Tennessee, is dealing with a complex child custody and child support issue. The stepparent of the users child is withholding medical information about the child. The user is also facing a contempt charge for nonpayment of child support in Georgia. The user has attempted to modify the custody arrangement and challenge the jurisdiction of the court over the child support issue, but has faced obstacles such as dismissal of the case and rejection of evidence. The user is seeking advice on how to navigate these legal issues and is planning to consult with Legal Aid in Georgia.

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Elizabeth
Nice to meet you, Elizabeth. Could you please describe the legal issue you're facing?
Child custody
What specific issues are you facing with child custody, Elizabeth?
Currently stepparent is accessing childs medical care and keeping all information without sharing
Are you the biological parent of the child? In Tennessee, biological parents generally have the right to access their child's medical records.
Can a court in tn modify a ga child support order
What is the current status of your child support order in Georgia?

In general, the state that issued the original child support order retains jurisdiction over the case.
Most recently i filed a petition to modify custody in TN under the UCCJEA the other parent filed a
What was the response from the court in Tennessee to your petition to modify custody?
Petiton to hold me in contempt of nonpayment of child support * weeks before our hearing. I was never served and the judge decided to hear the matter at our final hearing eventhough i explained that there was no service made to me and that i was not prepared to discuss child support since the petiton i filed was for custody. We had been to mediation * weeks before and thw other parent provided no records or discovery to share. He didnt come to the final mediation pr even file a response to my petiton.
Did you inform the court in Tennessee about the lack of service regarding the contempt petition?

In Tennessee, proper service of process is required for a court to have jurisdiction over a party.
Yes. I explained that the other party knew my proper address as he had served me several times prior. In addition i am still in Ga so when i asked the child support office for help they told me that i had a GA order and the process of child support belongs to GA.
Did you provide the court with evidence of your current residence in Georgia and the previous instances of proper service?
They were/are more than aware as i have been battling the jurisdictional challenge since *. No court would hear the matter parenting time bc the other parent continued to claim TN was not the right court to hear custody matters even though the custodial parent and. Children have been in TN since *.
What evidence did you present to the court to prove that Tennessee has jurisdiction over the custody matters since you and your children have been residing there since *?
An order from the GA court dismissing the custody issues. My children and their father are TN residents since *.
What was the reason given by the GA court for dismissing the custody issues?
That GA was not appropriate court to hear custody matters since the homestate of the children was TN and had been for quite some time.
What was the outcome of the Tennessee court's decision regarding your petition to modify custody?
It was dismissed. And the contempt matter took precedent. I represented myself and the evidence i brought to show my daughter was suicidal and had missed more than 63 days of school were not "certified" although the were obtained from her medical insurance providers and her school website.
What steps have you taken since the dismissal of your case in Tennessee?
I have contacted thechild support office in TN and applied for service. Which was denied as they stated they are not the proper ones to handle GA child support
What is the current status of your child support case in Georgia?
I have also contacted LEGAL Aid in Ga and just received a reaponse on Friday. However he has not allowed me to see or speak to my kids since our hearing in March.
What was the response from LEGAL Aid in Georgia?
We have a phone consult appt. tomorrow.
What are you hoping to achieve from your consultation with Legal Aid in Georgia?
Some help with my child support matter as i believe the judge was without jurisdiction to modify or enforce child support under the UIFSA. Additionally i was not shown any evidence he provided to prove that i was incontempt or tjat the arrearage was correct pr any financial information ever.
What evidence do you have to support your claim that the judge was without jurisdiction to modify or enforce child support under the UIFSA?
My living in Georgia ? The fact that the statue is pretty specific that it ca
What specific statute are you referring to that indicates the judge in Tennessee cannot modify or enforce the child support order from Georgia?
The UIFSA uniform interstate family support act
What specific provisions of the UIFSA do you believe support your claim that the Tennessee court lacked jurisdiction to modify or enforce the Georgia child support order?
The matter of custody uses a seperate statute and attaches to the children the matter of child support is seperate and attaches to the obligor and without a written consent or signature and a proper UIFSA affidavit then the court cannot properly jear tje matter
What steps have you taken to challenge the Tennessee court's decision based on your understanding of the UIFSA?
None. I am unsure which to do first. My daughter's health is a real emergency and without any contact or information the matter seems eminent.
What steps have you taken to address your daughter's health emergency?
Contacted her father repeatedly. Contacted the health care providers and the records departme.ts at her mental health provider amd her pediatrician.
What was the response from the health care providers and the records departments at her mental health provider and pediatrician?
No response no directions and no information despite being armed with court orders and codified rights inthe state of tn.
What specific court orders and codified rights are you referring to that should allow you access to your daughter's medical information?
My parenting plan
What specific provisions in your parenting plan grant you access to your child's medical information?
Do yoj have any answers
What specific provisions in your parenting plan grant you access to your child's medical information?
So many questions without any help
I understand your frustration. Could you please clarify what specific provisions in your parenting plan grant you access to your child's medical information?
Everything that says each parent will have full access, keep the other parent informed, provide all relative health information regarding upcoming appointments discuss all
What actions have you taken to enforce these provisions of your parenting plan in court?
I filed a petion to modify custody due to his failure to follow the parenting plan regarding oh well everyrhing...and the matter was dismissed after we went to mediation and je filed his contempt motion
What was the reason given by the court for dismissing your petition to modify custody?
That the evidence he heard did not warrant modifying custody.
What evidence did you present to the court to support your petition for modifying custody?
I explained he had withheld my children for months at a time, brought her school records her insurance claims and witnesses.
What was the court's response to the evidence you presented, such as the school records, insurance claims, and witnesses?
The judge said they were not certified records.
What steps have you taken since the court dismissed your evidence as not being certified records?
I have already provided this information
What steps are you planning to take next in order to resolve your child support and custody issues?
Contacted the insurance company and the drs office as to how to get certified records amd was
What was the response from the insurance company and the doctor's office regarding obtaining certified records?
Omg i dont know thats why im chatting with a robot i guess
I understand your frustration. To get certified medical records, you generally need to submit a written request to the healthcare provider. Did you try this?
Yes i gave then my request in written form * weeks.ago
What was the response from the healthcare provider to your written request for certified medical records?
Nothing
What is the current status of your request for certified medical records?