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Questions Answered by Kimberly K. Schreiber
1 Answer | Asked in Family Law for Tennessee on
Q: What is law on removing children from school w/o husbands knowing and moveing to another state? They were maried at time

My brother and his wife at time were fighting and the next day she removed the kids from school without his knowledge and left the state with them. It has been almost two years now and she has not let him see nor speak to his children. He was granted visitation and communication rights from a TN... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 17, 2012

He needs to file a motion for contempt of his visitation rights. Was a Parenting Plan established for the parties? T.C.A. 36-6-108 governs the notice that must be given for parental relocation. Sounds like your brother needs an attorney who is willing to fight for his rights at a reasonable fee.

1 Answer | Asked in Family Law for Tennessee on
Q: My wife up and left on monday with my son to FL. No notice or anything. Can she do this? I have filled an injunction
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 17, 2012

I need some more information to answer your question. Is this your EX-wife? Under T.C.A. 35-6-108 notice must be given for parental relocation. There generally needs to be at least 60 days notice.

1 Answer | Asked in Family Law for Tennessee on
Q: MY HUSBAND MOVED OUT OF THE HOUSE,RENTED A APARTMENT WITHOUT MY KNOLDGE. CAN HE KEEP COMING IN TAKING STUFF?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

You need to go speak with a good divorce attorney. They can tell you about your rights specific to the situation and help you file for a temporary hearing regarding how much he can remove. They can also help make sure he doesn't spend down your assets or remove money from the bank accounts.... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: When a will is drawn up by a lawyer, should it state somewhere that it was prepared by that lawyer?

If prepared by the lawyer, should it have an official notary seal,if it contains other notary info. such as when commission expires etc.? Also is that lawyer required to retain a copy of the will that he/she prepared?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

When our firm prepares a will for the client it has our information with it. We are also the witnesses of the will and it is notarized by our paralegal. We do keep a copy of the will, but the original needs to be probated unless there are some extreme circumstances. If the original cannot be... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: My live-in girl friend of 20 years past away without a will. what are my rights concerning personal property?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

This is a tricky question. Are you talking about her clothing or things like furnishings you bought together in the home? A good attorney with experience in wills will be able to wlak you through your rights and help you if you want to be appointed as the administrator of her estate.

1 Answer | Asked in Divorce for Tennessee on
Q: I asked my lawyer to do something and he din't .what can i do?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

You need to make an appointment to talk to your lawyer. Express your concerns and find out why he didn't do what you asked. Maybe it was not legal or fell outside of the scope of his representation of you. Go in with an open mind. If he doesn't have a good answer, you can always sever... View More

1 Answer | Asked in Divorce for Tennessee on
Q: How can i get a divorce if my husband abanted me and i dont know where he is
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 5, 2012

Abandonment is a grounds for divorce in Tennessee. Your attorney will need to know some more information before you file for divorce. How long ago did he leave? There are legal ways of notifying him about the divorce, even if you can not find him. One way is through publication in the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: When married 27 years, both worked, if they divorce will assets be split in the middle?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 5, 2012

There are many assets in a marriage, especially one that has lasted 27 years. Not all of these assets are easily divided. If you have an agreed divorce, the attorneys can likely help you figure out a way to to equitably divide the assets. Another great option is mediation! A neutral mediator... View More

1 Answer | Asked in Business Law for Tennessee on
Q: Can i get out of a company i own part of how hard would it be for me

I own 25% of a company and iam not happy here any more and just want out how hard would it be for me to get out

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 30, 2012

This is the answer everyone hates to hear - "it depends." We need more information. An attorney should thoroughly review your contract and see what the provisions are when one partner wants out. Sometimes you can force a sale or the other partners may be allowed to have the first... View More

1 Answer | Asked in Business Law for Tennessee on
Q: What steps are needed to purchase a business?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 30, 2012

There are many complexities to purchasing a business. A lot will depend on the type of business, whether or not it has inventory, the customer base and the appraised value of the business. You need an experienced attorney that is has done a lot of contract law work. It's important to have... View More

2 Answers | Asked in Car Accidents for Tennessee on
Q: How much can i get paid from a car accident

It was a head on accident

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

This is a very broad question! There are so many factors that go into recovering in an accident. We need to know who was at fault, whether or not the at fault party was insured, what other assets they have to cover the damage, the extent of injuries and medical bills. Most attorneys will take... View More

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What can I do if i was charge for driving as a habitual driver and I wasn't caught driving I was just charge with it.
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

Hire an attorney and see what kind of deal they can get for you. If you weren't driving, try the case and make them prove you have violated the law!

1 Answer | Asked in Divorce for Tennessee on
Q: In my divorce my wife got our truck and the payment, She refuses to get it refinnanced. is she in contempt of court

If has been over 6 months since it was final

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

It depends on what the divorce papers say. Was she required to refinance it? If so, was there a time limit placed on the refinance? Does she have the credit to refinance it? It all goes back to how specific the divorce papers are.

2 Answers | Asked in Divorce for Tennessee on
Q: What is the procedure for divorce in the state of Tennessee when the husband has returned to Mexico?

The wife is pregnant and the child does not belong to the husband. Can she simply run a notice in the newspaper or is it not going to be that easy? She cannot afford to hire a lawyer. Any assistance is greatly appreciated.

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

You can file here and serve him the papers at his last known address or his address in Mexico. If you don't know where he is he can be served by public notice in the newspaper. There are a few things that may make the filing more complex. Get a good divorce attorney that will advocate for... View More

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1 Answer | Asked in Divorce for Tennessee on
Q: I filed for a divorce in 1966 in TN after living for 3 years at a military base in NC.

I was not told of 6 month re-establishment of residency requirement. Law of Domicile came into question since he was from TX and I was from TN. Judge ignored everything and granted divorce. Was it legal?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

If you have divorce papers signed by a Judge it is likely legal. Is someone contesting the validity after all these years? I suppose they could try to go back and argue it was not legal, but an attorney would need more information as to the motivation behind disputing it.

1 Answer | Asked in Divorce for Tennessee on
Q: If you divorce in Alabama is your divorce null invoid if you get back together with ex-spouse within 6 months
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

I am not a licensed attorney in Alabama. You might have more luck getting an answer if you post this in the Alabama section. If the divorce is valid, why not get remarried!

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Going thru the court process 4 dui in tenn can i be lawfully convicted of a dui with an insufficient breathalyzer sample

Over thirty minutes of field sobriety tests and voluntarily consenting to a breathalyzer test which came back insufficient sample three time

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

A DUI attorney will need a little more information to defend you. Did they take a blood sample? Were you actually arrested? Is this a first time offense? What was the reason for the initial stop? There are many ways to defend a DUI. Your attorney will need to meet with you and get all the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Can a judge order children to foster care if the father has joint custody and the mother lost custody
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

A judge can do whatever he feels is in the best interest of the child. It is up to the father to petition the court for his rights and show that he is fit once the children have been removed. As the alternate residential parent, the judge will look at how much parenting time he has exercised and... View More

1 Answer | Asked in Family Law for Tennessee on
Q: What can be done to remove father from birth certificate?

Child was born before marriage and DNA shows he's not the father? Father lives in Florida and was served with divorce complaint by certified mail and did not respond. Default hearing has been set......Please help

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

The court favors children having a father. Do you know who the genetic Father of the child is? If so, you can petition the court for a DNA test and ask him to pay child support. Since your husband does not seem to be fighting for his rights, the judge always has the option of leaving him on the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: My wife left with another man and took my little girl with her..I'm not really sure what to do.No money for lawyer
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

I am sorry to hear that. Sounds like you may want to file for divorce and file a parenting plan with court. A parenting plan will spell out all of your parenting rights in detail and give you options if she violates it. There are many lawyers that may give you a reduced fee for legal services,... View More

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