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Instead, in a modification proceeding, the trial judge must find a material change in circumstances that is compelling enough to warrant the dramatic remedy of changed custody. See, Tenn.Code Ann. § 36-6-101(a); Woodard v. Woodard, 783 S.W.2d 188 (Tenn.App.1989); Dailey v. Dailey, 635 S.W.2d 391 (Tenn.App.1981). Moreover, the burden is on the non-custodial parent to prove changed circumstances.

Musselman v. Acuff, 826 S.W.2d 920, 922 (Tenn.Ct.App.1991).

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June 8, 2009 - Posted by TN Momma06 | Family Court | appeals, Bella Smith, cases, child custody, family law, Juvenile Court, knoxville, laws, lisa smith, social worker, tennessee | 1 Comment

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In my case I moved to several different locations since the birth of my 10 year old and the moving continued after school started. The dad moved the same number of times within Knoxville and then he relocated to VA where after school started he also moved 4-5 times subjecting my daughter to all of his different residences when she visited. However, the court only considered my moving since I was the custodial parent. There was never a request from the non custodian whom I never married or who never contributed more than minimal child support that I not move; he simply impregnated a woman and moved in with her in another state, and after they had their first of 3 children 7 months after the marriage; this couple was deemed more stable. They birthed 2 babies during the court proceedings to get custody of my daughter! The court did not take the interest to consider the best interest; simply listened to their own (attornies and GAL’s) and reacted in a knee-jerk fashion. The court required the case to drag out for 5 days when it appears that the decision was made prior to any of the testimony or regardless of the vindictiveness of the now custodial parent. They were willing to listen to a bias GAL even after the COURT said that her claims of D and N had no merit…she was allowed to ramble on and on further harming the mother without any reasoning, and a crooked attorney who I was told had the job of mkaing me, mom, look like dirt! This man also has a daughter…maybe he does not deserve custody of his daughter. I have about as much reason to beleive this as he did to slander me just so he could rake in the money. Mr. Kern even guarded the courtroom door while his client was locked in with the files during a court lunch break. This group works from the inside and they are corrupt and spineless.

Comment by Cindy Brown | August 26, 2009

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I am a single mother, who believes one person can make a difference in shaping the world with the ideas we believe in. I have learned you can’t wait for someone else to “do something” it must start with YOU, with ME. No matter how small, we all have something to contribute.

I have been wrangled into the Family Court system nightmare in Knoxville, TN. I am appalled at the lies and incompetence this agency has been allowed to operate under. I will now fight for reform and accountability in this corrupt system.

Too many families are damaged by incompetent social workers, greedy guardian ad litem’s and lazy Judges, Referee’s. Foster children are killed every day in the US. Because a CPS worker says it’s “in their best interest” to be taken from their home. There needs to be a complete over haul of Children’s Services and the Courts that hear these cases. Our children are the most important thing in the world. Their care and well being should be at the top of everyone’s “to do list”.
All elected officials, at every level, in every State must educate themselves on the problems families face once in “the system”. The financial hardships, unnecessary outdated “classes”, real determent kids must deal with in the aftermath. We must make uniform laws across States, share information and the exchange of ideas. The veil of “secrecy” must be ripped away. It is not for families anonymity, it keeps those who fail these kids protected.
We must make sweeping changes, start to focus on ways to support and strengthen families, removal should be last option not first. Parents must be involved at every level. When I hear about big lawsuits or new “committees” to study family issues, it seems every one forgets to include the family. There should be a we are ALL working together, not an Us vs Them attitude. When there is “real” abuse, trials should be fair and swift. Long terms served for convictions for crimes against kids. It is our job to make sure these issues are addressed and kept on the forefront EVERY DAY.
I do believe like any other job, there are good social workers, and guardian ad litem’s. I just haven’t ran into any of them yet. But for those who do care, you must speak up and call for change. Tell your Legislatures, media and officials what you need to do your job. I would gladly love to work with any one who has ideas, time, money, or just the common goal of creating a system to protect those who really need protection BUT assist and protect the rights of those who don’t. Too many false accusations and unfounded claims are allowed in Social Service reports and Juvenile Court records.

My daughter is now 5 years old and she has been given to her father, an abusive ex. No one has provided for her safety or care. They made their decisions based on lies, opinions and laziness. No FACTS, NO LAWS. I will not end up one of those parents on TV who lost their child due to some one elses greed and incompetence.

Bella, Your Mother is fighting for you and will never give up.

kidjacked.com
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  My story began on April 18th, 2006; the day my two children, Preston age 7, and AareOna age 2 were abducted by Wright County Child Protection and placed in a licensed foster home in Albertville, Minnesota.
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- Jacked Up: Mother Vindicated Too Late!
  My story began on April 18th, 2006; the day my two children, Preston age 7, and AareOna age 2 were abducted by Wright County Child Protection and placed in a licensed foster home in Albertville, Minnesota.
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- Letalvis Cobbins found guilty in Christian - Newsom murders
  Posted: Aug 25, 2009 6:50 AM EDT Updated: Aug 25, 2009 12:30 PM EDTLetalvis Cobbins Letalvis CobbinsKNOXVILLE (WATE) -- The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree fel […]
Legally Kidnapped
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- Child welfare experts say children in DHS custom at risk
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- The claims of the Executive Director of Michigan Federation for Children and Families
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- Picture Panic
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- Washington State Extended Families
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ifeminists.net
- CA, Sex offender is released after DA loses lawsuit November 12, 2009
  A sex offender who has served his prison sentence was released Tuesday night after a judge ruled against prosecutors who wanted to keep him in a mental hospital, prosecutors said.
- Reporter reveals dishonor of killing female kin November 12, 2009
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  The campaign to ban retouched images of skinny models is not only crazy. It is deeply censorious, too.
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- Carrie Prejean is a child pornographer November 12, 2009
  Moralist, preachy busybody Prejean not only did raunchy pin-up photos but she made a pornographic video tape of herself, all while she was a born again Christian who wants to deny gay people rights
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- Judges need to be anchored to SOMEthing October 7, 2009
  Yikes, former Justice Sandra Day O'Connor is keeping busy. This article ("Should Judicial Elections Be Abolished?" - Above the Law) reports some of her thinking on the election of judges. I can appreciate the arguments against electing judges, but it is interesting to hear how often opponents resort to anecdotal and literary examples in suppor […]
  noreply@blogger.com (ned)
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- Selection by a legal oligarchy August 29, 2009
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  noreply@blogger.com (ned)
Sixth Circuit Courts recent decisions
- Brewster v. State, No. E2008-01468-CCA-R3-PC (Tenn. Crim. App. 11/10/2009) (Tenn. Crim. App., 2009) November 10, 2009
  The Petitioner, Carrie Ann Brewster, appeals the Knox County Criminal Court's denial of her petition for post-conviction relief from her convictions for felony murder, especially aggravated robbery, and aggravated burglary. In this appeal, the Petitioner contends that the trial court erred in finding that she received the effective assistance of counsel […]
- State v. Williams, No. W2009-00748-CCA-R3-CD (Tenn. Crim. App. 11/10/2009) (Tenn. Crim. App., 2009) November 10, 2009
  The defendant, Delawrence Williams, was convicted by a Dyer County jury of possession of... 5 grams or more of cocaine with the intent to deliver or sell, a Class B felony, and assault, a Class A misdemeanor. He was subsequently sentenced by the trial court to fourteen years for the drug possession offense and eleven months, twenty-nine days for the assault […]
- Bailey v. State, No. W2008-01657-CCA-R3-PC (Tenn. Crim. App. 11/10/2009) (Tenn. Crim. App., 2009) November 10, 2009
  The Petitioner, Raymond Bailey, appeals from the Shelby County Criminal Court's denial of post-conviction relief from his convictions for especially aggravated kidnapping, a Class A felony, and carjacking, a Class B felony. For the especially aggravated kidnapping conviction, he received a sentence of twenty-eight years at one hundred percent. For the c […]
- State v. Stapleton, No. E2008-01776-CCA-R3-CD (Tenn. Crim. App. 11/10/2009) (Tenn. Crim. App., 2009) November 10, 2009
  The Defendant, Richard Ellis Stapleton, was convicted on his guilty pleas of attempted especially aggravated robbery, a Class B felony; especially aggravated burglary, a Class B felony; and two counts of facilitation of especially aggravated kidnapping, a Class B felony. The trial court imposed concurrent, Range I, twelve-year sentences to be served in the D […]
- State v. Robertson, No. W2008-01592-CCA-R3-CD (Tenn. Crim. App. 11/10/2009) (Tenn. Crim. App., 2009) November 10, 2009
  The Defendant-Appellant, Tarik Robertson, was convicted by a Shelby County jury of observation without consent, a Class A misdemeanor. He received the maximum sentence of eleven months and twenty-nine days, with four months to be served in a county workhouse. On appeal, he claims: (1) the insufficiency of the evidence; (2) the trial court did not properly ex […]
- In re Adoption of C.A.M., No. W2008-02003-COA-R3-PT (Tenn. App. 11/9/2009) (Tenn. App., 2009) November 9, 2009
  This appeal involves the termination of parental rights. When the mother and father divorced, the mother was designated as the child's primary residential parent. In light of the mother's allegations that he had threatened her, the father was granted only supervised visitation. After the divorce, the father lived in Texas and visited the child in T […]
disgustedwiththesystem
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- Report: Family Court System in Crisis
  Report: Family Court System In Crisis Posted on Tuesday, 10 of November , 2009 at 7:33 pm New York’s Family Court system is reaching a state of crisis, the State Senate Judiciary Committee finds in “Kids & Families Still Can’t Wait: The Urgent Case for New Family Court Judgeships”. With just 153 Family Court judges statewide to handle 728,000 cases and p […]
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  I came accross this blog this morning- and quite frankly I couldn't have said it better so without any further delay here is it... What do you think of when you meet a non-custodial mother? In most cases, a person’s opinion or idea of a non-custodial mother is far from the truth. If you were to ask non-custodial mothers why they lost custody, you would […]
- Parental Alienation: A Mental Diagnosis?
  Some experts say the extreme hatred some kids feel toward a parent in a divorce is a mental illness.By Lindsay LyonPosted October 29, 2009From an early age, Anne was taught by her mother to fear her father. Behind his back, her mom warned that he was an unpredictable and dangerous; any time he'd invite her to do anything—a walk in the woods, a trip to t […]
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- Mother Vindicated Too Late!
  My story began on April 18th, 2006; the day my two children, Preston age 7, and AareOna age 2 were abducted by Wright County Child Protection and placed in a licensed foster home in Albertville, Minnesota. May 9th 2006 — I had a visit with my children. AaerOna was refusing to eat. Preston said that AareOna has not stopped crying for me since they had arrived […]
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TN Family Court In Need of Reform

Change Accountability Reform Enforcement of Juvenile Courts and all who are associated with them.

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Legally Kidnapped

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Sixth Circuit Courts recent decisions

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Kidjacked.com

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