Ex-Wife Had Affair With Stepson & Gives Baby Up For Adoption on Facebook

Uh, we've got a couple different motions on the docket today, your honor. I think it probably makes the most sense to deal with the motions that I've filed, which would have been for the interlocatory appeal and the [clears throat] motion to stay proceedings based on the fact that it's going to be filed under trap nine uh through the court of appeals. We came here previously and the court said at that time that should an interlocatory Appeal be sought that the court would approve that. Um, we now [clears throat] are asking for that interlocatory appeal formally,

which I think under the rules I have to do at that point and additionally we are seeking the statement that the court of appeals requires of the trial court uh in terms of what is being appealed and why the court believes that it's necessary. What if the judge who's granting the interlock appeal thinks he made a Well-reasoned and informed decision that the court of appeals would certainly uphold but you are saying I need to draw an order that or statement for the appeal according to the rules that is what is said >> correct >> um

this is a case clearly and do you want to respond to any of that [clears throat] >> judge I would like to respond on the motion for stay certainly I don't think A stay is appropriate in this case um This court's already held that it's got jurisdiction. That that order is in effect currently. And that order is is going to be in effect until and if the court of appeals overturns that order. And that's an if that happens. So I don't think a stay is appropriate in this matter. If the court is inclined to grant

a stay, I think that stay should only be applicable to baby Thomas that is in Colorado. We have two minor Children here. Scarlet Thomas is still with mother in West Virginia. Um, the appeal is solely related to the court's exercise of jurisdiction over baby Thomas. So, if the court's inclined to grant a stay, I think that stay should only be applicable to baby Thomas. >> And I didn't touch on the stay. I was going to take those as two separate aspects of it because I think we have those are two separate aspects at this point.

>> All right. [clears throat] It is this court's opinion that the in what I stated before, this is one of the more unusual cases that I've had come before me. This is a case where based on alleged domestic violence, which I'm understanding from Mr. Kirby, >> [clears throat] >> uh that Mr. Thomas has has either plead guilty to or been found guilty of some sort of domestic violence in the past. And that led Mrs. Thomas to relocate to The state of West Virginia with the party's one minor child. but she was pregnant at that time

if I recall correctly and gave birth to that child and then placed that child for adoption with a couple in Colorado and that there is a Colorado court exercising jurisdiction over that child or at least attempting to um exercise jurisdiction over that child. Mr. Kirby's argument is that that child um that this court does not have jurisdiction over that child. I Am of the opinion that this court once I assume jurisdiction over the divorce between the parties and any minor children that the parties had that that this court has jurisdiction over any child that is

born during the pendency of that divorce action and for that reason I um am of the opinion that this court is the appropriate venue for all matters concerning the minor children. The um Mrs. Thomas through Mr. Kirby is asking for an interlocatory appeal on The issue of whether or not this court solely on the issue of whether this court has jurisdiction over the minor child born uh to Mrs. Thomas uh and Mr. Thomas because the DNA test results have shown he is the biological father and if you are asking for an interlocatory appeal you understand

if I grant the interlocatory appeal then state the reasons why it still is up to the court of criminal uh court of civil appeal to determine whether they'll even grant That >> correct >> so a stay as to that child would simply stay this court's exercise of jurisdiction over that child my concern is whether or not that means that the Colorado court will continue to proceed with the adoption proceedings in the state of of uh Colorado. Um because if that if what I don't want to do is grant your request for an interlocatory appeal and

then issue a stay order on this Court's exercise of jurisdiction over the the newborn child that allows the Colorado court to say, "Hey, we've got jurisdiction because the Tennessee court has stayed that in its own appeal." And that gives them somehow a leg up. That's I think would be unfair to Mr. uh Thomas in that regard. So, how do you address that? What is the status of the Colorado proceedings? >> The last time, and I've been in communications with the attorney for the Petitioners in Colorado at this point for the adoption, uh they are still

going through the jurisdictional argument aspect of things in Colorado as well. Uh the petitioners had submitted their brief on that. I believe uh that on behalf of uh father husband uh there was a petition or a brief that had just recently been submitted. There's been no ruling in terms of that in any way. My understanding is that there's not any sort of final hearing that I've been Made aware of that is set on that because they are still going through the base level of do we have jurisdiction and what are we going to do with

that? Um, as far as the as far as the concern that the court has, it's a valid concern. Obviously, I think there's two things I would say to that. One, we already knew that Colorado was going to do what they were going to do anyways. And this isn't giving up. Sorry. This isn't giving >> Your time is up. >> Apparently, this isn't giving up. This is not the court saying that you are giving up jurisdiction under your ruling. Uh this is us simply saying that we need to make sure that this is happening. We are

trying to be judicially efficient about it. Make sure that there's a uniform body of law. Do all the things that are laid out for the reasons that we go under the trap nine appeal in the first place. Um, I also [snorts] believe that it would be appropriate to put into an order to state that uh this is again not giving up jurisdiction under your order and that it is not giving free reign to Colorado to move forward as you still believe that you have jurisdiction pending any ruling by the court. Your argument that that this

court lacks jurisdiction over the newborn child has been based on the fact that the uniform commercial I'm sorry uniform commercial Code the uniform child custody enforcement and jurisdiction act is says that that child never resided in Dixon County and for that reason it is not this court's jurisdiction even though I have asserted jurisdiction over the parties and asserted jurisdiction over their other child. Um, and my my response to that has always been that to follow that argument that it would defeat this court's jurisdiction for any person like the mother to take a child Or if

she's pregnant to leave the state during the pendency of any custody action and thereby def defeat a father's right to have the court that's hearing his divorce action. uh be able to, you know, adjudicate the custody of all of the children, including the one that was born out of state because the mother left, which is exactly what we have. >> And I think to respond to that, your honor, there's also a a separate statute within the U. UCCJA, I believe, if I remember right off the top of my head, that is Tennessee code annotated 366223

if I'm not mistaken, but please don't hold me to that. But essentially the statute says that jurisdiction cannot be placed somewhere else if it is done with unclean hands. [clears throat] Essentially that it is done with the intent of trying to go through and and >> which Mr. Thomas would argue is exactly what your client has done. >> But it's it's really not because we came here before the court. She requested to go there. She requested to do those things. Everyone knew that she was pregnant. >> You didn't request to take the newborn child to

Colorado and give it up. That's a separate issue alto together because my statement is that West Virginia is the home state of the child based on the child being born in West Virginia and anything that happens in West Virginia After that. That's in West Virginia and that's a West Virginia problem and that's something that needs to be sorted out between Colorado and West Virginia. >> So that argument Mr. Thomas would have to then retain counsel here in Dixon County, also retain counsel in West Virginia, and also retain counsel in Colorado, which I think is is

not what I believe would be the effect that the law is has in mind. So um I will grant your interlocatory appeal Request simply for the basis that this is an unusual situation and there is the implementation of the uniform child custody and enforcement jurisdiction act brings before the court issues that are not normally in one of these cases and I'm required to make a finding as to what the issues are. So my suggestion would be that I will draft the order, but I'm going to give you both 10 days to submit to me your

proposed issues that you believe need require an Interlocatory appeal and then I will draft using your both suggestions. I'll draft the order that I think is appropriate for it. But I will grant the interlocatory appeal solely as to the newborn child and I will not grant the stay of the proceedings as to the child that was born during these proceedings or while they were living here because I don't think that the uniform commercial. >> I know I keep saying [clears throat] that was my least favorite class in law School was the uniform commercial code. It

was the most >> We had a we had a teacher that just read from the book the entire time. Well, I had when I was in the University of Houston law school, I know you really want to hear this. I had the we had the the guy who actually drafted it. He was like 110 years old and he would he was from Harvard, a visiting professor at the University of Houston Law School. And all he did was sit and talk about Going to lunch and what provision what what over lunch they talked about this provision.

50% of the class dropped it. Uh including myself dropped it. uh because we were convinced that we weren't learning anything about the Uniform Commercial Code. I have never regretted dropping that class, nor do I ever want to know anything more about it. But the Uniform Child Custody Enforcement Jurisdiction Act, I think, is the uh is the key here and that's Where you need to focus what your issues are. Um so 10 days for each of you to submit the issues that you think need to be adjudicated by an appellet court. I will then draw the

order and and uh if you will also submit an order granting the interlocatory appeal then I will sign that after I've submitted at the same time I submit my uh written statement of the issues. >> Understood. And for the record there I I previously filed already an appeal Through the court of appeals in terms of giving notice. That one's and I've spoken to council about that. Um, it was filed under trap three instead of trap 9 because I, for lack of better phrase, fat fingered it when I was trying to put it through and sled

to the wrong thing. But we're still within there because I've got 10 days after that order is signed. >> So it that won't be dismissed. There will be a trap nine put in place. >> That's between you and the court of a court of civil appeals. >> Exactly. I just want to put it out there on record that that that one's going away for for that purpose. >> All right. If you will send those directly to my office, please. and uh then that will be helpful. If you want to send them to my email address,

you can do that if you'd rather do it that way. Whatever you want to do. Do you have that email? >> I don't know that I [clears throat] do. >> I'm going to give it to you, but I'm not going to announce it over. >> You don't want to put it on on record for the YouTube watchers? >> Yeah. You two are going to have to share. I only have one. >> I'll take a picture of it. Judge, >> I was going to say I'll take a photo of it real quick. >> Just just to

be clear for the record. So, the court is granting a stay with respect to any proceedings regarding baby Thomas in Colorado. We do have set today an evidentiary hearing on the father's motion to return the minor children to him. >> And that's set today. >> That is set today. I would ask that that go forward on the basis that the court still exercising jurisdiction over Scarlett Thomas, the other minor child. Um, the father has witnesses here. We're Prepared to move forward on that motion. Also, uh the motion to reduce his spousal support obligation is set

today. Um and we're prepared to present testimony and evidence in regard to that as father was paying if paying $1,500. >> I'm not staying the proceedings so that child and >> and and if I may, your honor, I to give the court a little bit about the next steps there because I don't want to have any surprises. I understand what this Court is saying at this point. uh I may very well file through if the appeal is accepted through their interlock bill which I believe that it will be uh then I have the opportunity to

also ask for a stay through there as far as both children which we probably will so I'd ask for time to do that because I have not been able to do it so far I'll also point out to the court that let me repeat what you're saying what exactly are you telling me that you I've granted Your stay to the the newborn child. Now, you're saying that you may be requesting a stay as to the other child. >> Correct. My request. >> You haven't filed anything such as that yet. Right. >> I've not been able

to because of the fact that we need this stuff from the trial court before I can do anything through the court bills. There's not anything there at this time. I did request through the stay here with trial Court for it to be with all children. The reason being for that is because I believe all the evidence that we're talking about here, the purpose for doing this day is to make sure that we're being as judicially efficient as possible for everyone and all of the information [clears throat] we're talking about is essentially going to apply to

both children. I'll also say that the motion that's been filed was an exparte that was denied and the exparte Relief that was requested was essentially as it related to baby Thomas uh that we'll say which is part of the Colorado. There's nothing there that has any sort of issues or mistreatment or anything along those lines as far as the child that is in my client's care and custody that she's got the order protection that is currently there. She has the agreed order that was submitted saying that she went to uh an undisclosed location for reasonable

fear Of domestic abuse. I don't believe that any of the situations to do with what's been filed truly relates to the child that is in West Virginia at this point. Anyways, >> just for the record, it wasn't an exparte motion for return of the minor children. It was just an emergency motion. father had found out that the mother had placed the child up for adoption in Colorado. He has not had contact with uh Scarlet Thomas, the Newborn baby Thomas or the mother in over a year. I understand Mr. Kirby's argument that that's his own doing

with respect to the order of protection. The order of protection does not, however, include the minor children. Father has gone over a year without any visitation with these minor children. Uh in his motion for the immediate return of the minor children, he prayed for general relief. The court set this hearing to determine if the father was going to be Awarded any parenting time. We're prepared to move forward on an evidentiary hearing. It's we're getting into a situation the longer this goes on, the more reparable harm it's going to create the father's relationship with these minor

children. On the flip side of that, we've got every single partic and is not set to be heard. Then uh that does not diminish father's Ability to come back at a final hearing. The court is not consider anything for so I don't think that it's going to be purely biased against him and again the statements that were there I believe the only statement that was there now that's in West Virginia is that father didn't know if she had also put that child up for adoption and statement on record that she hasn't and there's too and

last time we were here >> so despite let's just separate the two Because you keep telling me that that those two are separate issues so let's just disregard the issue about the child in Colorado. We have a father who has not seen his child in West Virginia for over a year. And why would I not allow him to proceed with a hearing today that's been set by notice or set by court order properly? Uh why would he not be entitled to go forward today with a hearing regarding either an order returning the child or at

least Establishing some sort of visitation between him and that child? What what legal principle would would allow you to stop that p that from happening? >> I think the legal principle I would rely on is fact that I think the court's probably not going to agree with you. >> I don't think I'm going to agree with you either. >> No, but the legal principle I'd be relying on is the fact that everything is going to be I'm going to having to Energy financial [clears throat] Well, I'm going to cut you off, Mr. Kirby, because in

my opinion, it is manifestally unfair to the father, Mr. Thomas, and I know nothing about him. I I mean, I know what's been alleged, and and I think this is a case that I set for an evidentiary hearing to determine what is the situation between these parties, what has happened in the past, what are the uh conditions, like any other child custody case. And I I'm I'm Going forward with it today. Now, I will pass this case to allow you two to talk about it, but we're going to come up with some sort of a

way for Mr. Thomas um to have some sort of contact with these children, with this child. It's just a question of under what circumstances, what safeguards, and so forth that are going to have to be done. But I have some other matters that hopefully will not take as long and I expect that we'll have to have a Hearing. It'll take some time for your case. So, we're going to pass you on the docket and come back to you in a little bit. Your client's on the Zoom. she can stay and I'll just put her back

in the waiting room and you can talk to her and be prepared for that hearing. >> We'll talk in the meantime. >> Thank you. Thank you. [clears throat] >> Get your full name and address for the record. >> Michael Jerrell Thomas Jr. 1790 Cedar Creek Road, Van Lair, Tennessee. >> And how long have you lived at that address? >> About four years. >> Okay. And do you own or rent that residence? >> I own that residence. >> Okay. And can you describe for the court the residence? How many bedrooms, bathrooms? >> Sure. Yes, sir. It's

It's 17 acre farm with >> Pull that microphone up there to you. Miss Thomas is on Zoom and so it's important that she'd be able to hear everything. >> It It's a It's a farmland with a 25 I think it's 2500 square ft. If >> you don't mind just sitting there and keeping it on. So, >> log cabin. And uh so it has six bedrooms. Uh uh yeah, six bedrooms, two baths, uh a Basement, a loft, and a cabin. >> Okay. And is that where you lived with Miss Thomas during the marriage? >> Yes, sir,

it is. >> Okay. Does anybody live there presently other than you? >> No, sir. >> Okay. So, you live at that address alone? >> I do. >> Okay. And do you have rooms set up for the children? >> Yes, sir, I do. >> Okay. And do you have rooms for both children? Both Scarlet and Baby Thomas, or just children? Judge permission permission to pass you may >> this to I've already given these copies to opposing council Thomas I'm going to >> Yes sir. This this is bedroom number one that that uh that has been set

up specifically Uh for for Scarlet and and you know I've I've not been given the name of of baby Thomas. We're we're referencing her uh you'll you know so so this room was set up for for these girls and uh this is bedroom number one. >> Okay. And do you have clothes? Does it depict in those pictures clothing for the minor children? >> Yes, sir. There there is some clothing there and there there are toys there for The girls and uh Yes, sir. >> Okay. So, if the court were to return the children to you,

you've got everything set up that you need to take care of the children. Is that correct? >> Yes, sir. That's correct. >> And judge, [clears throat] I'd move to make that. Did you take those pictures? >> I did. Yes, sir. >> And is the condition of the residence in the same condition as it was in those pictures that you took? >> The exact precise position that these pictures show. Yes, sir. >> Judge, I'd move to make those collective exhibit. >> You'll pass that to the clerk so that she can mark it as an exhibit, please.

No objection for the record. >> Guess I should have asked you first. >> And Mr. Thomas, just just to get through some more background information before we kind of get into everything. Where Are you currently employed? >> Currently, I'm employed at Clarksville Granite Company. >> Okay. Are you the owner of Clarksville Granite Company? I >> I am the owner. Yes, sir. >> Okay. And that is an S corporation. Is that correct? >> It is. Yes, sir. But you are also employed by them, but you are the business owner. >> I'm going for the record, I'm

going to Show Miss uh show these photographs >> by to Miss Thomas so that she's able to see what's been marked as exhibit one since she's appearing by Zoom. >> Sir, sorry. All right. Thank you. Proceed. >> And Mr. Thomas, how long have you owned Clarksville Granite Company? >> October 1st, 2018. That would put us at uh 6 8 years. A little over eight years now. >> Okay. And what is what do you typically Do? What does a dayto-day look like there? >> Daytoday for me look looks like uh uh I handle pretty much everything

at that business. Uh these days I wear most every hat there. We sell granite countertops. We uh install granite countertops. We manufacture and fabricate granite countertops. >> And do you have employees there that work for you? >> Uh I did have many employees when I was married. Uh well, I'm still married, but when when Rachel and I were together, I had about five to six employees and two subcontractor three subcontractor installers. Yes, sir. Okay. And so do those employees no longer work for you? >> They no longer work for me. >> Can you tell the

court what happened? >> Sure. So after the uh after the protection order was put into place, I had never suspected And I I I was caught off guard. So, I I went back and I started looking and all of my media devices that I owned to to find out why uh my wife was making these false allegations against me. And as I looked through all of these devices, I found messages from many different men. I found pictures in my game cameras all over my farm where men were coming into my house. They were driving into

my home. Um, so that's uh That that's what I found when when uh and some of those men worked for me. And uh many of my employee base, pretty much my entire employee base was having some type of relations with my wife. And uh so when I found that out, I lost all of my employees. Two of those were my sons. And so you've had a significant reduction in your workforce there at Clarksville Granite. Is that correct? Yes, sir. >> Even [snorts] though that significant Reduction has occurred, do you still maintain flexibility with your work

schedule? >> Yes, sir. So, so that that we we've been able to to keep the doors open. I did lose my entire cabinetry division as a result of my wife's actions. So, that entire crew was I had to let go because of what was going on there. Uh, I have one gentleman that works for me now and uh, he is my subcontract installer and he also helps me fabricate Granite countertops. >> So, if the court were to return eventually the kids to you, would you be able to facilitate child care while you're at work? Would

you be able to facilitate daycare and things of that nature? >> Yes, sir. I have made those those uh, arrangements. >> And are there specific individuals in mind? Is there someone here today that would be willing to help you with the Children? >> Yes, sir. There are people here today. >> And so, kind of getting into a little bit of the backstory, when did you and Rachel marry? >> We got married on April the 13th of 2024. >> Okay. And what led to the separation? >> The separation? Uh, I had no idea we were separating.

Um, what what led to it? Um, it it came out of nowhere to me to be Honest. It was one day we were married and the next day she was gone. and making false allegations about me. I was uh totally uh blindsided by this. >> Okay. And and was there a specific point in time when that happened? Did she go out of town for a period of time? >> Yes, sir. >> Okay. And what happened when she came back? >> Sure. Um so, first Rachel asked me to buy her a ring to reccommemorate our Marriage.

This was 7 days. No, maybe maybe two weeks before she uh she made false allegations against me, uh she asked me to buy her to give her $7,000, five or seven to to buy a wedding band that she wanted to recommemorate our wedding. And uh I gladly gave it to her. I was in love with her, you know. Um, I gave her the money and supposedly she she bought the wedding band and and uh she said she wanted to go to my sister's wedding for a period of about a week. And uh uh also the

some some type of uh girls thing they were doing for for about a week. and and uh and and she she left her children, her 13-year-old and 15year-old teenage child with me while she went to Atlanta, Georgia. Spent one week. And uh during that week, she uh uh we had some some telephone uh disagreements. And uh she had mentioned That that she wanted she was pregnant at the time and and that she wanted to have uh uh put the baby up for adoption. And uh part of the the argument that we had while she was

there was was that uh um I did not agree to the adoption. I I in fact expressed to her that I would prefer to divorce her than than uh having adopt to adopt our child out. She did not want the child. She she felt like her hands were full and she did not want to take the responsibility of of That baby. And uh so I I several times on the phone probably have messages I I conveyed to her that that I would prefer to divorce her than have an abortion. Uh so the night that she

returned from this Atlanta trip is the night that she [clears throat] uh hit the record button on her phone, sat down, started an argument with me. The next day I woke up and uh the cops were there telling me I had to leave my home and that uh uh she had made false allegations against me. >> And so can you explain to the court what your relationship was? How how old is Scarlet first of all? >> Right now Scarlet's uh 14 15 months old. >> Okay. And how long has it been since you've seen Scarlet?

I've >> not seen Scarlet for September. Last September. this past September. And what was your relationship like with Scarlet prior to Miss Thomas leaving? >> It was a a beautiful rel relationship That that she had become my whole drive in life. She I I was I was presented with this little angel. Every morning when I woke up, um I would spend about an hour and a half with her before I went to work. while Ra Rachel prepared for her days. I would take the baby and and take care of her during that time before I

left for work. Um when I got home from work, Scarlet [clears throat] was given to me. Um cuz Rick Rachel had had a long day, you know, taking care of Her. By the time I had gotten home from work, every day without hesitation, she was thrust upon me. Take the baby, you know, and and I I would rush home from work to take that baby. I was I was in love with that baby. I I still am, but I've had to push it all in the back and not think about it because it hurts so

much that that this So that was our relationship. Like I I took total care of the baby um while I was at >> Did you provide for her? Did you provide Food, clothing, medical care? Did you ever take her to the doctor? >> As far as the doctor, I think we did go to a doctor visit one time. Yes, sir. Okay. >> And she had a primary care physician when she was here. She she did we we had uh set her up with my with one of my pastor friends who is a physician's assistant and

has a practice in Clarksville. His name is Cliff Siner. >> And so you had mentioned a moment ago About the adoption and being made [clears throat] aware of the adoption. Um, did you take Miss Thomas seriously when she had mentioned sending this newborn child or setting this newborn child up for adoption? >> I I didn't really think it it was that that serious. No, especially when when I, you know, told her that I I would divorce you. That was my way of saying we're not doing this, you know. >> Did you ever tell her if

she signed divorce paperwork, you would sign adoption paperwork? I may have said those words in a message to to say to her, if this happens, we're getting divorced. You know, the the only way this is happening is if we get divorced. >> Did she ever consult any adoption agencies that you're aware of? >> So, I'm not aware that she consulted any >> Were you ever a party to any of those Conversations? Did you ever consult with any adoption agencies? >> Absolutely not. I I this this is this whole adoption was uh you know I I

did see in an email where she was reaching out in uh uh social groups on Facebook where she was she was soliciting Facebook groups to find a person to [clears throat] adopt this child, you know, and I I think I sent you those emails where where she had you know this was uh this was after the divorce was Filed. You know, we were no contact. But >> so after that order of protection had been entered, after the divorce had been filed, she had you had no contact with her about the adoption. >> That's correct, sir.

>> She didn't tell you she was about to place the child up for adoption. She didn't tell you that she was signing a termination of her parental rights. >> I had no idea any of those things were happening. I I was in the dark as to uh >> And you only found out that it occurred after you'd been served with that petition. Is that correct? I I had suspected, [clears throat] you know, that she she was uh she was considering that, but I had no no idea. [clears throat] >> And so, it's been been represented

to the court that you have been convicted of domestic assault. Now, let's go back. You had described earlier an incident in September. Is that the incident you're referring to? >> Yes, sir. >> Okay. And what plea did you enter? >> Do you recall? >> I don't recall the name of the plea, but I do recall that that the attorney advised me that when when after the judge read the the plea off and I agreed to it that to be sure that I say not guilty with within an I'm not guilty of This. I don't remember

the name of it, but it was when the judge said, "How do you plea?" It was it was very clear that my attorney made it to me to say the word, "You plead not guilty." >> If the court records reflect you entered into a no contest plea to a simple assault and a violation of an order of protection, does that sound accurate? >> Yes, sir. >> Okay. And you were, as a result of that, you were placed on probation for a year. Is that correct? >> Yes, sir. >> And are you currently still on probation?

>> Yes, sir. >> Have you had any issues with probation? >> No, sir. >> Have you failed to report to probation? >> No, sir. I have. >> Have you had any probation violations filed against you? >> No, sir. Sir, >> have you failed any drug screens administered by probation? >> No, sir, I have not. >> Have you paid your probation fees and court costs? >> Yes, sir, I have. >> And so, as we sit here today, there are no violations of your probation. Correct. >> That is correct. >> Have you been charged with any new

criminal offenses? >> No, sir. Okay. [snorts] >> And why did you enter into a no contest plea instead of going to trial? Well, number one, I was not guilty of the charges and and my attorney advised me that was the the the best thing I could do. >> What do you want the court to understand about how you've responded to everything that's happened over the last year in your life? >> Wow. I'd like the court to know that that uh on September the 21st uh my entire world was taken away from me based on a

false allegation. My entire world was was uh destroyed. I was in love with my family. I was not a perfect person. I showed up for my family every day. 6:00 without fail, I was in that house with that family every day trying to love on them. [sighs] 7 o'clock every morning I went to work And I come home and uh on September the 21st I I was hit [snorts] hit with uh I I was I was destroyed, devastated and appalled that that uh these allegations were made about me by my wife whom I loved and

uh I didn't know that there was many other men involved in this until the judge affirmed the the order of protection. When that day happened, I was even more utterly destroyed because An affirmation had been made about something that I was in no way guilty of. And so I I you know, I went through a uh several weeks of a very dark spell at that time. And in that time I I had to uh sit down and and learn all the things about why what had happened, who was all involved and and uh so for

the following month it it was revealed to me through you know looking through it looking at everything closer. I wasn't looking Close in our relationship. I wasn't paying attention during our relationship. I was I was maybe I was in a fog or something. But when I started paying attention and checking my game cameras at home that I had throughout the woods and in the driveway and and uh I I found out what was what was uh what was truly going on. >> So were there things you had mentioned earlier you had a very close relationship

with Scarlet. You treated Scarlet as your own and ultimately you ended up questioning whether you were Scarlet's biological father. Were there things that made you question after the fact if you were Scarlet's biological father? >> Yes. Yes, sir. >> What were those things that you had discovered? >> Those things were the text messages that I had had found in in my phone that that uh my wife had made with my son. Uh the Messages I had I had uh sent to my wife uh in reference to her uh having relations with my two sons. uh

21 and 22 years old [snorts] and uh also uh their friend Nathan who's uh 20 about 22 years old. And uh so when I when I when I received text message confirmation from her when when I when I when I sent her a message asking her about this, her response was was, "Yeah, it happened." And uh so let >> let me make sure I'm understanding you. Are you saying that your wife, Miss Thomas, has confirmed to you that she had sexual relations with your two adult sons and a friend of theirs? >> That is correct,

sir. >> You have proof of that? >> I have it in a text message in my phone in my car. >> Did she explicitly affirm that she had sexual [clears throat] relations with them or did she just not deny it? Mr. Thomas, >> she did not deny it. She made a response to a message. I I said in the message um uh so you've you've basically uh been sleeping around with my sons and her response was uh you've been sleeping around with my band or my sons and her response was they were your sons first

or they were your band first. That's the exact >> but she never made any explicit admission that that was the case. Correct. >> To me that's pretty explicit. uh you know she she she was explicitly said you know yeah it it just in a different way you know she she confirmed it uh that that's one there are other confirmations as well and pictures and things that I have >> and so if the court were to award you temporary custody or any form of parenting time with Scarlet today are you willing to co-parent uh with Mrs.

Thomas? >> Yes sir I am. >> Okay. And what is what is your position on keeping the two children together as siblings? >> That that is my goal that these these these two girls are raised together and that they know each other throughout the entirety of their life. >> Okay. And are you willing to participate in anything this court asks you to do to have visitation with your child right now with Scarlet right now to be Determined with baby Thomas? But are you willing to jump through any hoop that this court has? Are you willing

to have supervised visits starting out? Are you willing are you willing to do anything to have parenting time with your children? >> The door is closed currently, sir. I have no children at all. My life was built around my my sons, my children. My all that was taken from me in this divorce. So, to answer Your question, yes, I'm willing to do anything. >> And why is it that you want custody of your children? >> My children are are are why I get up and go to work every day. They're the reason that I function.

My children are the reason that that I live, you know. and my [clears throat] will, my my reason to live was taken away from me with this all of my sons, my baby girls, all of that. It, [clears throat] you Know, so I've lost my that was my I had to find a new reason to live cuz my children were taken from me. [clears throat] >> And why do you feel that Scarlet is subject to an immediate threat of irreparable harm while in Miss Thomas's care? I've I've uh learned that uh uh Miss Thomas has

has uh so the the things that occurred with my boys, they occurred with other people, other men. [snorts] And uh It's hard for me to even think about. I keep all this back here. But uh all of those things were occurring. Um >> well specifically she didn't she didn't consult with you about play about the adoption before bl >> I'll rephrase >> I'm sorry >> he's getting to leave the witness >> I believe you previously testified is it is it true you previously testified that she did not consult you before giving Baby Thomas up for

adoption >> that is true >> okay does that are you in fear does that create any kind of fear for you um due to or with respect to her parenting responsibilities of Scarlet. >> Absolutely. >> Why? >> Because that family that she sent our child to live with, we we know nothing about those people. They've had that had had our child now for for uh several Months. And and uh we we don't know anything about them. Um >> you've never met them? >> I've never met them. >> You don't know them? >> Don't know them.

Not allowed to contact them. Not allowed to inquire who they are. Uh anything about them. Um, moreover, Miss Thomas was seeking to aggressively release this child into somebody's care. She was not looking to aggressively research their background, Find out who they are. >> And you are currently under a temporary support order by this court? >> Yes, sir. >> Okay. How much a month do you pay to Miss Thomas? >> Uh, $1,500 a month. Okay. >> Is that just the support order, or does that include everything you pay on her behalf? Uh, so I also currently

pay for a uh 2024 Ford Expedition payment. Um, >> how much is that a month? >> That payment is over $1,300 a month. Um, less than 14. And uh the insurance on that vehicle is is uh about probably $300 a month. And you filed a copy of your income and expense statement with the court yesterday. Is that correct? >> Yes, sir. >> Okay. And I'm going to pass you up. Judge permission to pass. >> Now, you are paid a salary by your Company. Is that correct? >> Yes, sir, I am. >> Okay. And how much

are you paid? Is is that a true and accurate reflection of your income and expenses? >> Yes, sir, it is. >> Okay. So, you are operating at a deficit of $718. And that is before the spousal support payment is paid, before the car insurance is paid, and before the car payment is paid. Is that correct? >> That is correct. >> Okay. So, are you having to rely on your savings or your business's savings to pay those things? How are you paying how are you affording to pay for those things? >> Sure. It's with my savings

account. >> Okay. And what was the balance of your savings account at the time this proceeding started? So, my my savings account is uh it's been around $50,000. >> Okay. And what's the balance of it now? >> Probably 40,000. >> And so, are you asking the court to reduce the temporary support payment? >> I am asking the court to please reduce this the support payment. Yes, sir. >> And there was a previous hearing that was held. You had different counsel at the time, but is it your claim you did not have notice of that temporary

support hearing? >> That is correct. I did not know. >> So to your understanding, the court didn't hear any testimony from you or any proof from you regarding your ability to pay any type of temporary support. >> That's correct. >> Okay. >> And so what what are you able to support provide any type of temporary support to Miss Thomas? >> Yes, sir. I am uh able to to provide uh temporary support. I prefer to call it Child support as she has uh Scarlet, but uh whatever we want to call it. >> And just to be

clear, that order classified it as temporary support and child support. So, is there an amount that you can afford to pay, Miss Thomas? >> And what would that amount be? >> You know, honestly, I I probably should have thought about that before I answer that question. Um, I I know what I make and I I would request that the whatever the state guidelines are based on what I Make, I I would I would feel comfortable paying [clears throat] that. >> No further questions, Judge. >> Gerby, you may cross examine. >> Thank you. >> Morning, Mr.

Thomas. >> Good morning, sir. >> My name is Anthony Kirby. I represent your spouse, Miss Rachel Thomas. Okay. >> Good to meet you, sir. >> Good to meet you. I've got just a few things uh to question you about. >> I'm going to start on the >> Was that made an exhibit? His income and expense statement. [clears throat] >> Let's make that the next exhibit in order. >> Record, your honor. No objection. >> Thank you, Mr. Kirby. One of these times I'll get around to asking you about it before. >> You're perfectly fine, your honor.

I was in a trial two-day hearing the other day And a council forgot my entire name while they were doing closing arguments. So, it's I'm I'm used to it at this point. Um, M. Thomas, I got a couple questions for you. Okay. So, I'm looking at your income and expense affidavit, and I apologize. I was trying to write down things, but I did not get this down. What is your salary that you uh get paid? >> So, I get a paycheck every week of about $800. >> Okay. And so extrapolating that out, what is your

salary per year? >> Let me give him back his income and expense statement then if he's going to be questioned. >> Yeah. >> Did you say that there was a copy of that in the file? >> Let me take this apart again. >> All right. Go ahead. I'm sorry. And so if you get paid $800, is it fair enough to say that you're paying Yourself through the business approximately $41,000 to $42,000 a year? >> Yes, sir. That's correct. >> Okay. And this is a business you own, right? >> It is >> sole proprietorship. >> No,

it's an it's an uh escort. >> Escort. Uh are you set up as the sole managing member of the escort? >> Yes, sir. >> Okay. So, in terms of who gets to pay Who, you get to make that decision top to bottom, right? >> Yes. >> You don't run anything else past anyone else as far as your income is concerned. Correct. >> That's correct. >> Okay. And I see on your income and expense statement that uh it says your business pays telephone, car payment, and car insurance. Is that right? >> That's correct. >> Okay. So,

you use uh like most people do that have a corporation or or any sort of business, you use your uh business profits to be able to pay some of the things for your personal life that you get to use on a daily basis too, right? >> Absolutely not. >> No. >> No. >> Who pays for your car? >> So, my car I So, my personal life, I have a motorcycle that I drive. I have Other vehicles. this particular car that you're talking about as my work vehicles. >> Okay. So, do you owe anything on any

of your other vehicles? >> Uh, so I owe money on the vehicle that Rachel drives. >> Okay. What about any of the other vehicles that you had? You said you had multiple vehicles in your possession. >> That's right. That's that's what I owe. My motorcycle is paid off and I owe what Rachel is driving. >> What other vehicles do you have? >> I have a 25 Mustang. >> And you bought that right after y'all separated, right? >> That's correct. And you actually paid cash for that? >> I did. >> Okay. So, >> no, no, no.

Stop. I didn't not pay cash for that. That's financed. I'm sorry. >> That's finance. But it's paid off at This point, right? >> No, it's not paid off. >> You got money owed on that? >> Yes, I do. >> Who's paying for that? Your business, right? >> I pay for that. >> You pay for that? >> Yes. >> Through your business. >> That's right. >> Okay. So, what that's what I'm getting To, right? >> Okay. >> You pay for your your stuff through your business, right? >> This is a work vehicle. It's a work. Your

2025 Mustang for a granite company is a work vehicle. >> Absolutely. >> You can haul granite on your 2025 Mustang. >> I drive that car to every measurement job, to every meeting, to work and back Every day. >> This car does not sit in my driveway and I don't take it to car meets. I drive it to work. I drive it all around to measure jobs every day. >> Understood. And so, as far as uh that car is concerned, you're actually adding on to that vehicle as well, right? You've bought a bunch of parts for

it to add on to it, make it faster, make it more cool, right? >> No, no, >> no, >> not uh let me let me see. I I did put a new muffler on it. Yes, you're right. >> Did that the business pay for that, too? >> It did. >> Was that necessary for your business or that's just something you want to put on the >> It's regardless. That's not a question. You know, whether it's necessary for business or not. You know, whenever I purchase a saw for my granite company, I'm allowed to purchase blades

for that saw that increase its productivity. Understood. [clears throat] Let's talk about your business account then. How much do you have in your business account? >> Currently around $100,000. >> Okay. So, you get to pay uh through your business account anything that you deem necessary for your life that you think benefits your business. Right. >> If it's business related. Yes. >> And you say that you had $100,000 in there right now. Right. >> That's correct. Okay. >> Previously, you had a lot more than that, right? >> That's correct. >> I'm going to pass up a

document to you. >> Sure. You recognize the statement, right? [clears throat] >> Yeah. The one that was stolen from my vehicle when my she stole my truck. Yes. >> Get to that in a minute, I guess. Then when it comes to this, this is uh the business account for the Clarksville Granite, Inc., right? >> Looks like that's what this is. Yes. And just to make sure, during y'all's relationship, marriage, after the separation, my client has no access to any of these funds, right? >> No. >> Okay. And at that point in time, you had this

shows $252,1.50 In your uh business account, right? >> That's correct. >> Okay. And that was right before y'all's separation uh statement ending July 31st, 2025. >> That's correct. >> Okay. made that the next exhibit if I may your honor. >> Exhibit three. >> So you have $40,000 in your savings right now. Personal savings. >> Yes, sir. >> You by your testimony here have a little over $100,000 in your business account. >> That's correct. And at some point within the past year essentially, you had over $250,000 in your business account, right? >> That's correct. >> Okay.

And you can't afford to pay $1,500 a month. >> That's correct. I cannot >> cannot afford it. >> Cannot afford it. >> Okay. If I do $100,000 divided by 15, that's 66 months at that point, right? >> Does that sound about right? >> Um, please uh explain a little closer. I'm trying to follow what where you're going. Where you going with this? >> You have $140,000 to your disposal. >> Okay. Right. >> That's right. >> Okay. And that's not including anything for your checking account. What do you Have in your checking account? >> Uh maybe

five grand. >> Okay. So, we'll discount that for argument of this. Okay. So, you've got $140,000 at your disposal as we sit here today. If you had no other money go into your business account, you could pay $1,500 for the next 93 months. That seem about right? >> No, it does not because I have business expenses that by far exceed any of that That revolve every single week. Uh the $250,000 that you mentioned, there was a employee uh uh cost every week of about $9,000. So 91 18 24 36 you know you're looking at a

$40,000 revolving fee on top of granite materials gas 60 $70,000 a month is uh where this when we were together that's [clears throat] how it was was revolving you know and this was an escorp account when I lived with her all of our expenses were also Paid from my savings account not from this business the entire time that I lived with Miss Thomas I was given a paycheck from my business that has not changed pass you up another document as well. [clears throat] >> You recognize these uh statements? >> Yes, sir. I do. >> Okay.

These are statements that were being deposited into your business account. Correct. >> Yes, sir. >> One of them was $45,437.38, right? >> That's correct. >> One of them was $2,27061. Right. >> That's correct. >> And one of them was $16,45823. Right. That's absolutely correct. >> Okay. And these aren't all of the things that you're making. These are just showing that you get significant amounts Of money paid to your business that you get to uh continue to deposit into that $100,000 account that you get to use. Correct. >> Significant amount of money come out of that

account. You're only addressing what's going in. >> May that the next selective exhibit if I may. you and my client have or or maybe had a joint account. I don't know if it's still open or not. Is that a correct Statement? >> It is. >> Okay. And did you move a bunch of money out of that account? Uh over the past year, I've moved money through that account in and out of it the entire time. Yes, sir. >> Okay. At one point, did you leave 53 cents in that account after a month? >> It's very

possible. Yes, sir. >> This was right before y'all's separation, right? >> Uh I'm I'm sure I drained that account uh once I found out everything that was going on. Yes, absolutely. >> So, you took it upon yourself, you made a unilateral decision to go ahead and drain that account, right? Uh how much money was in there when I drained it? Uh cuz we only kept like maybe $1,000 in this account revolving at all times. >> Well, you uh essentially this was the only account in which my client had any access to funds. Correct. >> Okay.

>> Is that correct? >> Uh so she stole money also. >> This this isn't my question, sir. Let me ask I'm going to ask the questions. You can answer the questions. >> Y'all had a joint account, correct? >> Yes, we did. My client had access to the joint account to use funds to purchase things throughout the day. Correct. >> That's correct. >> Okay. She did not have access to your Savings account that has $40,000 in it. Correct. >> She had her own bank account also apart from this account also. >> She did not have access

to the $5,000 in your checking account. Correct. >> But that that check that account is this account. >> And she didn't have uh a So now you've built this back up to 5,000 is what you're saying. >> That's what I'm saying. Yes. >> And she didn't have access to to the $252,000 that was in your business account, right? >> She did she have access to it? Let me think about that answer for a moment, please. >> I think you've already said that she didn't. >> No, she she's had act Well, here's something I I forgot.

Okay. Um, I've noticed that she she maybe she maybe she didn't have access to this, but she has uh she gained access to it several times and and we'll get into that later. >> Okay. As far as this though, it's your testimony that this typically had$1 to $2,000 in it at that point. >> Which account are you referring to? >> The one that I just passed up for you. >> Yes, sir. That's about right. >> And now it's at about $5,000. Correct. >> That's >> That's correct. >> And my client doesn't have access to that

account as we sit here today. Is that a fair enough statement? >> That's correct. >> Okay. Cuz you removed her from that account, right? >> Yeah, that's right. >> Okay. And when you find out that there was things going on based on your Statements and your testimony here today, you drained this account and left with 53 cents in that account. Correct. >> That's correct. Okay. That the net exhibit, if I may, your honor. My client was essentially solely relying on you for income during y'all's marriage and relationship, right? >> That is not true. >> No.

Uh you were the primary bread winner for the home. That's got to be true, right? >> I was with her for one year. She had uh child support from two other men. >> Okay. So, she had child support from two other men at that point uh for children that she still has in her care and custody, right? >> Uh that's correct. That she never used. She she stored it away in a secret account somewhere nobody knew about, nobody cared. >> Okay. And so in terms of money that was coming into the home, you were the

one Providing money coming into the home for the two of you, right? >> For the year and few months [clears throat] that we were together, we knew each other. Yes, sir. >> Okay. And you want the court to now say that you shouldn't have to pay her the $1,500. You shouldn't have to pay for her insurance. You shouldn't have to pay for her vehicle. You should just calculate out whatever's on the child support worksheet based on the $800 a Month you've decided to give yourself unilaterally through your business. Right. >> That's exactly right. Yes, sir.

>> Not $800 a month. >> $800 a week. I apologize. That was my bad. >> Yes, sir. >> Thank you. $800 a week. >> Yes, sir. Okay. Another point of this, you really just don't like my client, right? I I love her and I have forgiven her. There's no don't like about it. I I was in love with her and and uh my pastor has taught me to to forgive her and and I still love her. >> When was that forgiveness taking place? >> Over the past several months. >> Okay. So, when you paid your

$1,500 uh for support on July 1st and you put into the memo line that you were paying her for telling lies and stealing, was that forgiveness? >> Um I don't know what that was. >> You did that though, right? >> That's what she did. So, that's what it was for. >> But that's forgiveness in your book, right? >> I have forgiven her. >> Okay. And in terms of the aspect of this hearing that happened previously, right? Let's go through that for just a moment. You were duly represented at that point. You had counsel. >> What

hearing are we referring to, sir? >> When the current support was ordered, you had counsel at that point. Correct. uh at that hearing, my counsel had submitted his documentation to be removed as counsel. So when that's when her counsel stepped in and [clears throat] and had this support hearing made, >> I was not aware that I needed to be present at that. I was not told I needed to go. I knew my attorney was removing Himself. I was not prepared to uh argue that. So I didn't go to that hearing because of that reason. and

you just decided not to go. But you knew that the motion was on the docket, right? >> I knew my attorney was removing himself from my case >> and you knew that the motion for support was on the docket as well. >> Absolutely not. >> Well, you just said that you weren't prepared. >> Did not know that that hearing was being that that subject matter was being heard. All I knew as God is my witness is that my attorney was removing himself from my case. Let me and if your uh attorney came into this court

and represented uh that he had spoken to you and informed you of that motion, he would be lying to the court. >> Absolutely, sir. as an officer of the court. You're saying that he told me About the court >> the emotion to remove him from my case. He did we and in fact we never spoke about that. I got an email that said that on this date I I read the motion that said he was removing himself on this date. And in my mind I thought, okay, he's he's removing himself from the case. I'm I'm

not arguing that. It doesn't say here, Michael, you need to be here on this date. I just seen a I never even received a subpoena for the Date. I just seen the motion is what he emailed me. So, it didn't click in my little simple mind that I needed to to be in court that day to I didn't I wasn't arguing it. You know, I knew I had to find another attorney is what my little mind thought. >> Understood. Let's go with your uh other motion then for just a moment. Okay. as far as this

emergency motion that you filed. Um, first off, you had told multiple people that these children Weren't your children, right? >> I've never told anybody that. I said there was question after I found out about uh some things >> some things that you inferred through my client's response based on your testimony. There was never any sort of admittance to anything on that side of things. Correct. >> Uh, she has admitted to it. My sons have admitted to it. Yes. >> Okay. Now, your sons aren't here today, Right? >> That's correct. >> And you haven't presented any

sort of actual proof that she's admitted to it, right? >> I was not advised that. Uh that was something I needed to prepare today. >> So, that was something you had issues with your previous council. Now, you've got issues with this council not advising you of certain things. >> I have no issues with my council. We we Were here to address something different today. We weren't here to to address uh those ugly things. We're here to to try to help me gain a little time with my children. >> And that's what you're asking for at

this point, right? Is a little time with your children. >> I'm asking for full custody of my children. >> Well, that's far different than a little time with your child. So, which one is It? >> Pardon me for misspeaking. It's full custody is what I'm asking for. And and to be honest, the best word is anything. >> Well, that's again also far different than full custody. >> Right. Because right now I have nothing, sir. >> Okay. And you've got nothing because there was an order of protection that was taken out, right? >> Yes, sir. >>

And you were served with that order of protection? >> Yes, sir. >> And you didn't show up to that order of protection, did you? >> I'm sorry. Uh I believe I attended all court dates. >> Did you? >> Yes. >> Okay. And there was a hearing after that. >> I'm not aware of a hearing that I Missed, sir. >> And but the order was order protection was put in place, right? >> Yes, it was. >> Okay. And there was an agreed order at some point put in through this court saying that my client could go

to an undisclosed location based on the domestic violence uh that had occurred within y'all's marriage. Right. >> Based on the alleged uh domestic violence. Yes, sir. >> Okay. And you were arrested for domestic violence, correct? >> Um actually I think they arrested me for for something else. It was violation of the order is what I was arrested. I was never arrested for domestic violence. You've been arrested for aggravated assault many times in your past though, right? >> Not that I recall, sir. >> You've been found guilty of aggravated assault as a felony previously, right? >>

Not that I recall, sir. >> I I don't I don't remember that. >> Hold on just a second. >> I'm sorry. >> [clears throat and cough] >> Well, he can only be cross-examined about what he may have been convicted of, not what he's been charged with because that's the rule of evidence is that you can cross-examine a witness regarding a prior conviction of a felony if that or a misdemeanor involving moral Turpitude. So, sustain the objection as to the form of the question. At this point, >> I'll rephrase at this point. Uh you were previously

convicted and put on probation in Georgia, right? >> 13 years ago. >> Okay. >> And if it's over 10 years, it's not admissible anyway. >> I'll move past. >> You were previously uh do you still have A pending criminal charge for uh aggravated assault and I believe it was South Carolina? >> Absolutely not. You were arrested on that though, right? When was that taken care of? >> So, so that was taken care of two months ago and the district attorney in that case called me. >> I'm not going to ask you what the district attorney

says. You can't testify to what anyone else says. >> Do you have anything here with you today that says that that was dismissed or taken care of in some way? >> No. >> Okay. And as far as your uh emergency motion that you filed, >> that was over 10 years, by the way. Also, >> you don't you don't have anything in terms of the charge. Wasn't over 10 years ago. You just got arrested on it Recently. >> Yes, it was. It was over 10 years, sir. >> It just got resolved here recently, though. Right. >>

Right. It was by your testimony thrown out. Okay. As far as the uh aspect of what you're asking for here, your motion deals entirely with who we've been referring to as baby girl Thomas and this adoption aspect of things. Correct? >> Can you repeat the question? >> Your motion deals entirely with who we've been calling baby girl Thomas and the adoption aspects of things. >> What motion are you referring to? Because there's many of them here. You filed a motion for emergency custody, emergency return of the minor children, right? >> Yes. >> And that was

based on the fact that you found out that there's an adoption That's pending in Colorado as it relates to baby girl Thomas. Correct. So, I filed the motion for custody of that child when I was presented with legal documentation that said she had signed away her rights to that child. And this new family was asking me to sign away my rights. It was at that moment that I found out, cuz I've been in the dark, that my child was in another state. It was at that moment That I learned I have to take legal action

right now. So to answer your question, yes sir, that's whenever I filed the motion. >> Okay. Uh and then as far as Scarlet is concerned, you have absolutely no claim that Scarlet is being mistreated in any way. Correct. >> I have no no claim because I've had no contact. I don't know. I I do know the life that was lived when she was here. And >> and just to be clear, you haven't presented anything as far as photographs or videos or text messages to corroborate anything that you've testified to about these alleged affairs uh that

seem to be the the brunt of your concern with mother, right? None of that's been introduced today. It >> has not. No, sir. And so, as it relates to Scarlet, what's Scarlet's date of birth? Scarlet. >> Yes. >> Scarlet was born on March 17th, 2024. >> 2024. >> 2025, I'm sorry. >> Okay. And uh so at this point, y'all been separated uh since September of 2025, right? >> Yes. >> And so this child, it's fair to say, doesn't know you. Is that a fair enough statement? >> That's not fair at all. Uh I I I

spent Every day with that baby for the first six and a half, seven months of her life. And I don't know about you, but for seven months that you spend with somebody, would you say >> questions you just answer his please? >> Sorry, I apologize. >> During that period of time where uh the child was in your home, did you have issues of anger? >> No. No, sir. You didn't yell? You didn't cuss at other people in the home or Other children in the home? >> I'm sure at times I I raised my voice. Yes,

sir. >> You raised your voice at times, right? >> Yes, sir. >> Did you ever go so far that you uh ripped [snorts] apart a an oven so that it was not useful? >> I I don't recall ripping apart an oven that was No, I I know that I did not. So, to answer your question, no. >> I'm going to play a video if I may, your Honor. A best way to do this that I know of would be to play it and stand over here. >> You can play it through the network if you

got know got to plug it in. We've got bail here who are fairly adept at that. We have a USB cord there on the >> I can log into the video and share my screen. >> Whatever you want to do. If you're going to show him, I assume you want me to see it at some point, too. >> Yes. >> Then you show him and then you can show me whatever you want to do. >> I don't care. It's We're approaching the noon hour. We'll be adjourning for lunch. So, or recessing for lunch. So, what

I would say is let's get as much ground covered as we can. So, >> and yes, your honor, and I've got a final hearing in Montgomery County that's been pushed to one o'lock at this point. So, I've got that issue as well. So, uh, let me try to play this for him and then I'll play it for you because that'll be the quickest way of doing it. It's a short video. >> I have, for the record, I have shown this video to the post. >> I approached it. >> Well, let me ask you a question.

If you are supposed to be at a final hearing at 1:00, exactly. We're not going to be finished with this hearing at that point. >> I would hope we would be. I'm almost done with this. >> I guess we're not going to be calling other witnesses. Well, I was expecting that it would be more than just Mr. Clay, Mr. Thomas. >> All right, go forward with this. We'll deal with that. [clears throat] >> What is the video of Mr. >> Video? >> What is the video of, Mr. Kirby? >> Video is of uh Mr. Thomas

and you can Clearly see not see but you can clearly hear his voice as far as what is being said through that uh it is a early morning in which he is I'm going to say belligerent uh talking to other children within the home. This would have been after the birth of the Scarlet. Uh the video was taken by my client uh but I believe that he can easily testify and identify his own voice. show him the video and and he'll be asked if whether or not he can authenticate it. If he Cannot authenticate it,

then it cannot be introduced. >> I'll play it through my client at that point. May stand over here. [clears throat] [snorts] >> I'll stop it there. Miss Thomas, did you hear that video? The part that play? >> I heard the video. Yes, sir. >> Okay. Is that your voice in the background? >> That could be my son. We sound exactly alike. >> It could be your son? >> Yes, sir. His name is Dalton Thomas. >> Okay. So, you think that it could be your son? Do you recall this inter inner uh exchange in any way?

>> I do not. >> You don't recall the exchange? >> No, sir. Okay. >> I'll just play it through my client. As we sit here today, you have no proof Saying that Scarlet is not being well taken care of in mother's home. Correct. >> That's correct. >> Okay. You have no proof saying that she's not being able to provide for that child in terms of food and and clothing and everything else. Correct. >> Correct. >> And uh you haven't seen your child in a year. Correct. >> That's correct. And uh are you asking this court

to simply take that child Away from mother at this time and place uh place that child with you moving forward? >> Yes, sir. >> And you don't you think that's in the child's best interest? >> Yes, sir. I do. >> Even though that child hasn't been with you for over a year and all of the things that have been going on here, >> I think that is in the child's best Interest. Yes, sir. >> Okay. Even though you agreed previously that she'd be able to relocate knowing she was pregnant at that point, right? >> That's

correct. >> Okay. >> Nothing further right now. >> I have a couple of questions. You did Mr. Kirby just asked you if you agreed to her relocating. Um there's I don't know that there's an order in the file here. I haven't been able to find it. Where did you agree to her relocating? I I was not exactly uh informed that I recall, sir, uh of where she was going. Just out of state is how it was labeled in the paperwork that was presented to me. >> All right. The [clears throat] um when you and she

married, if I understand correctly, you were married less than a year at the time she separated from you or she left. Is that correct? >> Yes, sir. >> During that time, did she work outside the home at all? >> She never worked. No, sir. Right. How did you and she meet? >> Uh, she came into my business looking for countertops. >> All right. And she lived here in this area at that time. >> Yes, sir. She owned a house in Clarksville. >> And when she came into your business looking for countertops, you and she met

Obviously and then you started dating and then you married and you were together for a year before you separated, correct? >> Yes, sir. >> And it's been a year since your separation. >> Yes, sir. September. We separated >> September. It'll be a year of the September. >> Yes, sir. >> All right. Now, [clears throat] Are you living alone? >> Yes, sir. >> Okay. And we're talking about Scarlet. Scarlet is a child of how old? One-year-old. >> Yes, sir. So, I have some experience with one-year-old children and grandchildren. Exactly. How are you proposing to I see

the the pictures of your home and it looks fine. How would you prepare? How are you prepared to care for Scarlet if she were to come and Stay with you? >> Sure. I have a friend who is here to testify today that that would that would testify to her her ability to help me care for Scarlet. >> This is a female friend that you have. >> Yes, sir. >> And is that somebody you're involved with as a person as a more than a friend? >> She We are not more than friends. No necessarily. And She

so you have someone lined up that would be able to help you if Scarlet were to come here. >> Yeah. Yes, sir. And and and uh have actually uh many I have a church family who would also um be more than willing to help me take care of Scarlet. Um Roberta is here. Her name is Roberta. She's here today to testify to her her willingness to help me. And uh sir, >> and how many children does Mrs. Thomas have >> currently? She has Connor, which is her fouryear-old. She has Dominic, her 13 to 14 year

old. She has Bria, her 15, about to be 16 year old. So she she has three, and she has Scarlet, uh our child together. So currently she has four children living with her. the the youngest child that we're talking about that's in adoption or has been put up for adoption by Miss Thomas, that Would be her fifth child. >> Yes, sir. >> Right. And how many children do you have? >> Uh I have five children that that have grown up and moved out of the home and they're in and out in the world doing their

thing these days. >> Two of those were your sons that work with you? >> Yes, sir. And those are the two sons that you are basically accusing of Having a sexual relationship with your wife. >> Yes, sir. >> And have And how old are they? >> The boys are 21 and 22 now, I think. >> And I don't want you to tell me what it is, but you're saying you have some proof that that is in fact what has occurred? >> Yes, sir. I have a I have more than some proof. Yes, sir. All right.

Any questions based on what I've asked? >> Thank you. Step down. >> Step down. Gentlemen, Mr. Kirby, you have this final hearing. Who is that in front of? >> This was set first and I informed Chancellor Dean and opposing council there that I needed to come here to deal with this situation. Uh, but that was set on Chancellor Dean's docket for today because that is dealing it's a Final evidentiary hearing that's dealing with where is a child going to go to school starting up essentially next week. Uh, which is why he said it on that

docket. Then Mr. Daniel Bryant's been nice enough to accommodate me this morning. He's the opposing council on that. >> We'd like to be heard today. Obviously, got witnesses here, our last three witnesses, if the court needs to hear from them, are purely character Witnesses, a pastor, support system, friends that have known Mr. Thomas for seven years. Um, and I'm sure the court needs that proof today, but they're here to say what kind of person he is. They've observed him at work, they've observed him, you know, the the defendant in this case has alleged that Mr.

Thomas is on drugs, has alleged Mr. Thomas is abusive, and he's got a slew of character witnesses here today to testify. They've known him for a long Time and have never observed anything like that. They've never observed him lose his temper at work. They've never observed folks. They've observed him being an upstanding member of the community. Um I'm not sure Mr. K. I would have a pretty brief I think to go forward today. >> I think you have tomorrow. >> We don't have anything now. What do you have tomorrow morning? Let Me grab my calendar.

I have one motion that I can have covered and the rest are consults that I'll move. >> I can do that tomorrow morning. >> 9:00 tomorrow morning, we'll resume this. So, I want to make sure everybody understands I have to leave to go to a dental appointment in Franklin. I've got a crown that keeps coming off. And unless you want to have me proceed with a snaggle tooth look, then we're going To I got to leave here a little before too. But I would think that tomorrow morning in the 3 or 4 hours, we could

conclude this matter. U both of you need to address the issue. Mr. Thomas, regardless of whether your client thinks he's a good husband or a bad husband or whatever. I understand your arguments about the the alleged violence, he has right to see his daughter, Scarlet, and that's all we're dealing with. So, I want to be able to address under what Circumstances each of you proposes that that happens. As far as the immediate return of the child to the state of Tennessee, um that's equivalent to unless she moves back here, it's equivalent to granting him temporary

custody. And that's that's a kind of a tall order considering where we are with everything. But I want to know what both of you propose for at least some sort of temporary visitation with him. >> [clears throat] >> He has the right to see his daughter, but it has been a year or so since he's seen this child. And the child of that age is going to be some adjustment that's going to be required. Normally, if they were living here together, I would be putting down an order of a graduated type of visitation. Uh that

doesn't appear to me not necessarily um to be the case. In addition to that, we've got to work around this order protection and whatever. So, we're going To be looking at um exchanges of the child assuming that there is a visitation, exchanges of the child through third party medi mediation or mediaries um so that there's no direct contact. The last thing I want is for Mr. Thomas to be in violation of his order protection. When does that expire? >> It's on appeal. So, previous council had reserved it for final final hearing in this court. So

>> I think technically and this is not what I'm necessarily suggesting but I do think technically the court could have end the order of protection at this time because the fact that it is I don't know that it's since it's on appeal I'm not sure >> if it's been more than a year since it was issued. Even if it was on appeal it's expired. I'll deal with >> No, it's not been more than a year. >> All right then. Here's what I'm suggesting. Um, we'll start at 9:00. Both of you just keep in mind what

my my problem is. I want him to see this child. I want him to have contact with this child and I want to protect the child from being traumatized by being around somebody that she may not be familiar with. But we got to move in that direction because unless there's some proof that he is unfit at all to have any custody or Visitation with the child, he's going to get to see this child. So and it may be graduated moving towards forward. Um one option is we just have the child brought back here and stay

with him for a month and then go back to the mom and stay for a month or a week at a time something like that. They can then say that for the purposes of giving you understanding that uh I take seriously his right to see the child even if there are these issues that occur between them. >> Thank you judge. >> Be prepared to address that tomorrow. >> Understood. >> All right. [clears throat] we'll deal with the economic issues as well and obviously I'll need to hear from her regarding her economic situation as well. So

the uh court is going to be considering the fact that the obligation that Mr. uh Thomas has is for the support of his child and that will be based on the Child board guidelines. his support for her is based on whether or not there's an alimony uh or spousal support issue that as you all know goes to the factors that are set forth in the statute which include the uh length of the marriage that the parties have. We got a one-year marriage. So keep that in mind when we talk about tomorrow. All right, I will

uh see you all at nine o'clock. She will need a Zoom link. Um, let me Look and see if I can just get one right quick. That will work. I need to change it. See, here. I was supposed to be in Chetm County, so my Zoom link was for Chetm County. That's why it's showing up as Chetm County. Tomorrow, I was supposed to hear a Humphre County case, but we'll do that um with the same Zoom link. give them that Zoom link. So, >> all right. >> We're We're still coming here, though. Correct. >> You

are coming here. >> I just want to make sure I didn't drive to Humphre County when I need to be. That's >> all right. Hold on. I'm going to change. That's for 30. So, I'm going to edit that so that it'll show what it's actually supposed to be. >> And I apologize about the scheduling of today, your honor. This got put on my calendar. You tell Chancellor Dean that I am deferring to him only because I like him and he was uh I like him and that he's a fan of our YouTube channel. So he

might learn something. So >> I will make sure to start off my opening that way because maybe he'll get me some brownie points. >> Sounds good to me. Thank you. >> Thank you, Judge. >> Thank you very much, your honor. Miss Thomas, I've got the other hearing, but I will call you when I get done with That because I'm going to go straight into that hearing. Okay. >> Okay. >> Thank you. Thank you, B.