Modification of custody/new Tennessee law

[SandieTN]

What is the name of your state?What is the name of your state?What is the name of your state? Tennessee

Background: H has filed for change of custody of his 6yo daughter. BM has vowed to fight, even to the extent of making accusations that H abandoned her and kicked her out of the house while pregnant (untrue, and her attorney had to retract that in court), and H abused her during their 3 1/2 month marriage (once again, untrue; she has stated to others that H was a good husband and Father, and she messed it all up! These people are willing to testify).

The legislation in Tennessee (HB2666) defining "material change of circumstance" has now been signed into law (effective 5/24/04). It states :

changes in the needs of the child over time
(original MDA was when child was 3 months old, she is now 6 years old; big change)

changes in the parent's living or working condition
(BM has not worked in 2 years, and has just moved in with her Mom; they have no permanent home, and school district has changed)

failure to adhere to the parenting plan
(original MDA allowed me Saturday 10:00 a.m. until Sunday 5:00 p.m., every other week; we have records the last 3 years where we have had daughter 60+% of overnights)

Also, H's attorney offered mediation; her attorney said BM wants full custody, full support, standard visitation for H; no negotiation.

Now, questions, in your opinion:

1. Do we meet the required "material change of circumstance"?

2. Do we continue asking for full custody, and settle for less if need be?

3. What, in your opinion, would be considered "fair"?

Please help; H is getting very anxious about this case, and we go to court on Friday, June 4th.

 

[SandieTN]

update, court continuance

Well, our court case scheduled for today has been postponed. BM's attorney only got our witness list this week, and has not had time to interview our witnesses. Heck, our attorney hasn't even talked to the most of them, but we were ready to GO. And it is not our fault BM took six weeks to get an attorney, before Legal Aid finally took the case. Our attorney has asked for extended summer visitation; we'll see what we get. The next available date when we could get our witnesses there is July 30. That's less than two weeks before school starts. When she is registered for school next year, it's all over, as far as I am concerned.

He offered to settle for full joint custody, 50/50; BM turned that down, no negotiation. She wants it all, and she may get it all; but I'd rather going down fighting, at least. In my heart, I know spending all her time with BM is not in the best interest of this child.

Comments and suggestions are appreciated; should we be doing anything in the meantime to help our case?