Law Office of Stephen R. Leffler, P.C.
Articles

                

 

			FRAUD? OR NO FRAUD?

Despite all his hideous observations, the German philosopher, Friedrich 
Nietzsche, in a moment of lucidity, said, ?In revenge and love, woman is 
more barbarous than man.? He didn?t know the half of it. No woman ever 
forgets where she buried the hatchet.

Jerry and Amy Nix, spawned a daughter, Jacy Marie, in 1991. But as so 
often happens, four years later they divorced and Jacy went to live with 
her mother. Amy, though, developed some mental problems and Jerry took 
her to court to get Jacy back. Jerry prevailed and he was named Jacy?s 
primary residential parent. Amy was given the same visitation that Jerry 
had enjoyed after their divorce. Little did Jerry realize the extent of 
Amy?s capacity for revenge.

One Friday, when Jacy was 14 years old, he took Jacy for her regular 
visitation with Amy, thinking that Amy was taking Jacy for a vacation in 
Florida. Instead, Amy took Jacy to Juvenile Court in McNairy County, 
Tennessee, for Jacy to marry her eighteen-year-old boyfriend, Kevin.

That?s right. Jacy was only 14. She has to be 18 to wed Kevin. After 
arriving in McNairy County, Amy filled out a preprinted affidavit 
acknowledging that she is Jacy's mother, that Jacy is 14 and that Amy 
approved of marriage between Jacy and Kevin.

A youth services officer for the McNairy County Juvenile Court met 
briefly with Jacy and Kevin to satisfy himself that everything was on 
the up-and-up. He then showed all the paperwork to the juvenile court 
judge who signed the order without ever setting his eyes upon Amy, Jacy, 
or Kevin.

Then it was on to apply for the marriage license. A clerk asked them for 
a copy of Jacy's birth certificate or some other record identifying her 
legal parents and her date of birth. Oops. Amy had nothing like that. 
Instead, she showed the clerk the front page of a proposed Mississippi 
court order that her attorney had drafted in the course of her divorce 
which indicated that she had primary custody of Jacy. No second page. No 
judge?s signature. Just the first page. The clerk office accepted the 
bogus, unsigned order instead of the preferred forms of identification 
and issued the marriage license. Amy later explained that she presented 
the first page of this order because it was all she had with her to show 
the identity of Jacy's parents.

A few days after Jacy and Kevin were married, Amy called Jerry and told 
him that Jacy and Kevin had married. If there was ever any doubt about 
why Amy engineered this adventure, all doubts were erased when she told 
Jerry that, as a result of the marriage, Jacy was emancipated and that 
he no longer had custody of her. In other words, ? If I can?t have her, 
ain?t nobody gonna have her.? Except, perhaps, Kevin.

Jerry immediately filed a motion in the McNairy County Juvenile Court 
asking that the Juvenile Court order authorizing the marriage license to 
Jacy be set aside. Jerry said that Amy had committed a fraud on the 
court. Amy filed a response denying any fraud.

Amy?s side of the story goes something like this: In the summer of 2006, 
Jacy told Amy she thought she was pregnant and asked her if she could 
marry Kevin. Jacy took a pregnancy test with inconclusive results. Amy 
didn?t take Jacy to see a physician for a pregnancy test and as it 
turned out, Jacy was not pregnant. Nevertheless, Amy explained that she 
consented to Jacy's marriage to Kevin because she felt that marriage was 
in Jacy's best interest in light of the possibility that she was 
pregnant. 

Well, what do you think? Did the judge revoke the marriage? Or did he 
determine that Amy had legitimate concerns for the welfare of her 
daughter and let the marriage stand? To find out whether the judge 
allowed Jacy to remain married or whether he nullified the marriage, 
e-mail us at lefflerlawoffice@comcast.net for the answer.

 


 

 

Find a Lawyer
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.