Question: Temporary custody of our three grandchildren was given to the kids’ aunt and uncle, who are blood relatives of the kids’ deceased mother rather than giving custody to the kids’ father. The case is still in appeals as our son (the kids’ father) wasn’t given due process.
Now the aunt and uncle are getting a divorce and the aunt is giving custody of the kids to a non-blood relative of ours. Are we able to stop the aunt and uncle’s divorce (and thus the transfer of custody) until the my son’s appeal is heard completely?
We’ve heard the term amicus curiae brief mentioned but haven’t been able to find anything about opposing a divorce with this means.
Answer: First, I must preface that I do not practice in Tennessee. You should contact an attorney licensed in your jurisdiction immediately to discuss your case further. Cordell & Cordell has attorneys licensed and located in Tennessee who would be happy to assist.
In terms of stopping the divorce, you do not have standing to “stop” the divorce. However, you may still be able to affect the custody and placement of the children. This is all dependent on the laws in your State and the provisions of the temporary custody order. I would need to have access to the original orders of the Court to give you any further information. When you contact the attorney, be sure to have the temporary custody order available for his or her review.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.