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My ex husband served me with a Petition to Change custody because I take prescription pain medicine. Williamson County, TN Case

Spring Hill, TN |

I have primary custody of our 2 children and have for about 10 years.Over a year ago, I was served w/Petition to Modify Custody due to my prescription drug use. I have had 7 highly invasive surgeries in the past 5 years. He is basing the material change as "prescription pain addiction" and "best interests of the children". I was served and responded and I never heard another thing.I do take medicine for pain that is prescribed by my dr, but I am not addicted.At 1st my ex was telling me that I was going to get drug tested,I highly worried I have not received anything from his Atty since the original petition.If anyone thought that I was a danger/threat to my kids, they would not let an entire year pass.It is still in the back of my mind, but I have stopped the worry. Do Petitiions expire?

Do I need to try and Dismiss this? Or should I just do nothing, since no one else is?

Attorney Answers 3

Posted

Petitions do not "expire." Just the opposite - if you fail to reply in the time allotted (usually 30 days, but check with an attorney who practices in your state), then you may lose the case automatically. You must not ignore this. You need to consult with an attorney in your area, and file a Response. However good your argument may be, if you don't file the response, you'll never get to make it.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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3 comments

Asker

Posted

I DID respond. I hired an Attorney that wrote up a Response and sent back within a few days. My Attorney attached a Counter Petition/Claim and requested Discovery both written answers and production of documents. Never received any Discovery back from my Ex and I was never asked for Discovery. That was 14 months ago. My Attorney never received another communication written or a phone call. I was checking in with my Attorney frequently and eventually, we got to the point where I send an email once a month and she responds "nothing", I will call you the moment I hear anything. 14 months have passed and nothing.

Jay Bodzin

Jay Bodzin

Posted

It's good that you have an attorney. You should take your concerns to them. They are bound to be able to advise you better, seeing the whole picture, than anyone can using only this little information available through this online posting.

Asker

Posted

The Attorney is great, but this is strange to her too. She has never had a case come up like this and respond...and we are here 14 mos. later not ever hearing another thing. My arguement now would be ..if you are so worried about the children, and you think they are in harms way, why wait a year. Trust me, my kids are everything to me, we responded on day 5 or 6. I posted on this forum to see if anyone has ever had the same experience. It is the first time ever that my Atty is considering refunding a part of the retainer. It is just odd.

Posted

Mr. Bodzin is correct that petitions don't "expire." You need to hire an attorney to defend you against his petition as soon as possible. An attorney can review the court file and determine what steps need to be taken to successfully defend you in this case. If you have already filed an answer, and the other side has simply failed to prosecute the case for an entire year, then it may be possible to file a motion to dismiss the petition based upon your ex's failure to prosecute his petition. Nonetheless, defending against this petition is something that you should not attempt to do on your own. Hire an attorney immediately!

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Posted

While I am not a TN lawyer, the others are correct. Petitions don't expire. But this is much too serious to be trusting to answers from lawyers who don't have the entire story. You need to retain local counsel who can assist you in defending against this action. If you can't afford counsel, you should see if there is a Legal Aid office in your area that can assist.

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Asker

Posted

see my comments above. I did hire an Atty and Responded. Its just so odd for all that 14 months go by without any contact. Wanted to see if anyone else ever had same thing and what happened.

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