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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I've been fighting to see my kids for over a year and I live in Kentucky but the case is in Tennessee and I need help
Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on May 1, 2022

It will help any attorney who wants to respond if you could provide more background information.

For example,

1) Who has custody?

2) Is there a Tennessee court order finding that the children were dependent and neglected?

3) If so, does the order reflect that a...
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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Tennessee on
Q: If someone is convicted of aggravated child abuse could they ever get custody back of child?

Aggravated child abuse in car accident

Cayley Turrin
Cayley Turrin answered on Apr 27, 2022

It depends on the courts decision. There is not a law that says never though but consult with a family law attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: How to pursue relocation if I am the custodial parent of 2 boys?

Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support,... Read more »

Thomas W Coupé
Thomas W Coupé answered on Apr 20, 2022

The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.

The notice must...
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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: If parent filed modification for custody in TN and TN parenting plan wasn’t signed by judge would previous order stand?

There is a previous order from another state. If TN parenting plan was never signed by a judge is previous order in another state still valid?

Thomas W Coupé
Thomas W Coupé answered on Apr 20, 2022

The courts speak through their orders and only order that have been signed and entered will ultimately have authority.

HOWEVER...sometimes a court will rule on a matter and that ruling takes effect immediately. Sometimes there is a delay before the order has been created, filed, signed, and...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: In Tennessee does a father not married, but signed the birth certificate legally have 50:50 on his child?
Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Mar 25, 2022

Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My son & his GF are 19. Can my ex bring up in court that they stay the night together at my house?
Anthony M. Avery
Anthony M. Avery answered on Mar 9, 2022

Yes if it is relevant evidence to the issues before the Court.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do I go about finding out what my rights are with my children father has full custody

Only see my kids once a month and wanting more visitation how do I go about doing that?

Bennett James Wills
Bennett James Wills answered on Feb 23, 2022

You'd need to petition the court for a modification. You would be wise to consult with an attorney for assistance with this process.

1 Answer | Asked in Child Custody for Tennessee on
Q: Is this contempt of court in an equal custody case?

We both have equal custody. Our son is about to turn 5 but is still delayed with speech and other social aspects. His speech therapist recommends he gets an Autism evaluation that will allow for better treatment. His mother is completely against any evaluation because she does not want him to be... Read more »

Hannah Burdine
Hannah Burdine answered on Feb 3, 2022

Hi, It depends on what your parenting plan says. There is a section in all parenting plans in Tennessee that provides how medical/educational decisions are made, whether it's a joint decision, or whether one of you has final say.

If it's a joint decision, and you two cannot...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: How do I get guardianship or custody awarded to me of a non biological child?

His mom goes months without talking to him. He is 2yrs old and a type 1 diabetic. I take care of him 98% of the time.

Hannah Burdine
Hannah Burdine answered on Dec 9, 2021

Hi, if the biological parents of the child have left the child with you for an extended period of time, you can petition the court for emergency protective custody on the basis that the child is dependent and neglected.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: How can you write an objection to a subpoena? Who do you turn it in to? Why does the GAL need all my personal records?

I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: Do I have any paternal rights to my daughter if my name is on her birth certificate, if I am court ordered to pay child

I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... Read more »

Paul E. Tennison
Paul E. Tennison answered on Oct 12, 2021

File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years of

Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... Read more »

Denania Galloway
Denania Galloway answered on Sep 14, 2021

Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.

Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Hello, I have 2 young children and we've been living separately from their father.

(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... Read more »

Denania Galloway
Denania Galloway answered on Sep 6, 2021

If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Tennessee on
Q: If I move my daughter and I out of fear for our safety when her dad has not established paternity, is there a way

For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October

Denania Galloway
Denania Galloway answered on Aug 18, 2021

Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: Husband put vehicles in only his name vehicle is in shop can the shop not give it to Me

He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: The judge took my rights from me n my ex husband giving up his rights and his wife wants to adopt my son n he's 16 year

His wife wants to adopt my son he's 16 year old n she's saying I can go to jail for abandonment n other charges if I don't sign the adoption papers

Denania Galloway
Denania Galloway answered on Aug 15, 2021

If the judge took your rights from you via a Termination of Parental Rights proceeding, there is no need for you to sign any adoption paperwork. You are no longer the parent when the judge takes your rights away.

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: What legal rights does a father, who is not named on the birth certificate, have?

I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... Read more »

Denania Galloway
Denania Galloway answered on Jul 15, 2021

Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Follow up question. Is there anyway my opposing attorney could say I'm not a party to the case?

My XMIL has custody of my biological daughter. She transferring custody back to my x wife. They have a date court date for the transfer, but I have not been served anything. I have sent several emails to their attorney requesting service but she doesn't respond. My guess is she plans to... Read more »

Denania Galloway
Denania Galloway answered on Jun 23, 2021

There are no reasons unless your rights have been terminated in a previous proceeding. They can also allege that they have tried to find you but have been unable to. Just make sure you show up to court saying you dispute this matter if you want to dispute it. I also urge you to get an attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What do I do as a pro se litigant when my opposing attorney won't serve me about an upcoming court date I'm a party to?

My ex mother in law has custody of my biological child and I still have all my rights. She is attempting to give custody back to my ex wife and I inadvertently found out the date.

I'm thinking I'll just show up and request a continuance based on the fact I wasn't served and... Read more »

Denania Galloway
Denania Galloway answered on Jun 23, 2021

Definitely show up to court and advise the judge that you were not served notice and that you need time to either hire a lawyer or file any answer.

1 Answer | Asked in Child Custody for Tennessee on
Q: I got arrested and child svcs gave temporary custody to his great aunt..we have court next week..will I get him back
Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 22, 2021

You do not provide enough information for anyone on this forum to answer this question. Presumably child services was called because that was the closet relative placement and the fact of your arrest did not allow you to care for your son. If you are out of jail then you might get him back but... Read more »

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