Questions Answered by Kimberly K. Schreiber

1 Answer | Asked in Family Law for Tennessee on Jul 22, 2013

Kimberly K. Schreiber's answer
If you have lived in Tennessee for at least 6 months you can file a petition for custody here. The grandmother with temporary custody will have to be notified and she has the right to show up and contest your petition. She also has to be properly served.
 
 

1 Answer | Asked in Family Law for Tennessee on Jul 26, 2013

Kimberly K. Schreiber's answer
Generally yes. A child born during the marriage makes your husband the Father. He can fight you in court to get out of the responsibility, but initially he is responsible.
 
 

1 Answer | Asked in Family Law for Tennessee on Aug 4, 2013

Kimberly K. Schreiber's answer
If you have a TRO, the ex cannot contact you. If he does, report him to the police as he is in violation of the TRO. You will then have the ability to go in front of the judge.
 
 

1 Answer | Asked in Family Law for Tennessee on Jul 28, 2013

Kimberly K. Schreiber's answer
You should probably withdraw as the mediator from the case. If they are harassing you, it is unlikely that you can remain neutral. After you withdraw they should stop contacting you because you are no longer involved in the case. Rule 31 is a great ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Feb 27, 2013

Kimberly K. Schreiber's answer
Motion to set your divorce for a hearing and file a proposed parenting plan. If the trial dates are too far away, you can have the judge set temporary parenting time and child support. That will be a court order and you should be able to see your child ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Mar 13, 2013

Kimberly K. Schreiber's answer
If your wife will not your divorce papers, you need to motion to set the case for a hearing and the judge will determine what is fair and equitable. It could be different than what the papers you have drafted state. There are time limits depending on ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Mar 26, 2013

Kimberly K. Schreiber's answer
Speak to a local attorney about filing a Petition for Custody. This can be done is several ways. If he is violating your current Parenting PLan or a court order, you may be able to file for contempt and show a change in circumstances that will allow you ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Mar 17, 2013

Kimberly K. Schreiber's answer
Generally, no. He is under a court order to make payments. You should consult a lawyer about filing for contempt. You may want to make sure that you are not in contempt by carefully reading the Marital Dissolution Agreement to determine who is ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Apr 9, 2013

Kimberly K. Schreiber's answer
In Tennessee, you must reside here 6 months to file. I am not licensed in Mississippi, so I don't know their rules. You may want to post your question on the forum for that state. However, you may be able to file here or contest jurisdiction in ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Mar 27, 2013

Kimberly K. Schreiber's answer
If your spouse is agreeable to allow you to file in Tennessee, you can get usually get an attorney to do a flat fee divorce because it is just paperwork. There is a 60 day waiting period. In many counties, the parties do not even have to appear in court ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Apr 21, 2013

Kimberly K. Schreiber's answer
No, Tennessee law requires you to wait 60 days if you have no minor children and 90 days if you have minor children.
 
 

1 Answer | Asked in Divorce Law for Tennessee on May 27, 2013

Kimberly K. Schreiber's answer
It depends on what the Parenting Plan states. Generally, child support, including medical bills, is owed until the child graduates from high school or turns 18. So, if they are a senior this year then you probably still owe it. Please consult your ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on May 28, 2013

Kimberly K. Schreiber's answer
Generally child support is set on the income of each biological parent. The Step-Father does not have to pay. However, if the Mother stopped working, income can be assigned to her at the rate she could make if she was working. Also, if the mother and ...
 
 

1 Answer | Asked in Divorce Law for Tennessee on Jul 12, 2013

Kimberly K. Schreiber's answer
You must go through each paragraph of the Complaint and either admit or deny it. Generally, the clerks are quite nice and can give you some guidance. It may be easier to hire an attorney as they are very familiar with your local court rules. Answers ...
 
 

1 Answer | Asked in Estate Planning Law for Tennessee on Jul 18, 2013

Kimberly K. Schreiber's answer
Because the step father died without a will, the property will go to his next of kin. Generally, step children are not the next of kin as they are not blood related to the step father. If the mother had a will or died with out a will and her estate never ...
 
 

1 Answer | Asked in Estate Planning Law for Tennessee on Jul 28, 2013

Kimberly K. Schreiber's answer
It depends on what your lease says. Most leases have a provision for how to notify a landlord when there is a problem. Most leases also state that you may not withhold rent. Read through the lease or bring it to a qualified attorney. Good luck!
 
 

1 Answer | Asked in Probate for Tennessee on Jun 16, 2011

Kimberly K. Schreiber's answer
The executor will have to provide an accounting to the court before the estate can be closed. Any money that was taken for purposes not relating to the estate will have to be re-paid. Most courts will require the executor to be bonded to prevent such ...
 
 

1 Answer | Asked in Probate for Tennessee on Aug 21, 2012

Kimberly K. Schreiber's answer
File a police report and see if they can locate the car. I assume you have the title and your letters testamentary will enable you to get it into your name only. He may try to make a claim against the estate for storage fees.
 
 

1 Answer | Asked in Divorce Law for Tennessee on Dec 11, 2012

Kimberly K. Schreiber's answer
Contact your local legal aid society for help with a pro bono or reduced fee lawyer. It sounds like the judge is already familiar with your case, so you may be able to continue to represent yourself at the next contempt hearing. It's obvious that he ...
 
 

1 Answer | Asked in DUI / DWI for Tennessee on Dec 18, 2012

Kimberly K. Schreiber's answer
It varies. For a first time offender with no criminal history it could be zero. It is likely to be lower for people with significant community ties and based on the seriousness of the DUI (rate of speed, involved in an accident, or high blood alcohol ...