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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: How do I file abandonment against my ex husband?

My ex husband hasn’t help support our children in three years. They only time he communicates is if I reach out to him first. The only times he sees our children is if I reach out. He doesn’t reach out because I don’t want a “friendship” with him so he takes that as he cannot see our... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 31, 2022

I doubt you have sufficient grounds for divorce. You will probably need an agreement (irreconcilable differences) as abandonment is not going to suffice. Your only leverage will be child support. Hire an attorney.

1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Mississippi County exspnngmenut date amd pjlace
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

There is no Mississippi County in Tennessee.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a clients attorney present anything in court that considered “here say” or is that again the rules of the court?

Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.

1 Answer | Asked in Child Custody for Tennessee on
Q: If I have sole legal and physical custody and my ex is trying for joint legal and physical custody, will they award it?

I’ve had sole/physical custody for 10 years. My ex is asking for joint now. She abused him when he was an infant. He does well in my care. What are her chances?

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

More facts are needed to make any such determination. Consult local counsel to review the filings and history of the case and the parties in order for you to get a proper answer.

1 Answer | Asked in Child Custody for Tennessee on
Q: If a custody order for full custody in TN is issued in 2019 and someone tries to get custody in ky. Doesnt Tn have juris

jurisdiction over ky. Also Tn called for jurisdiction on that court order at that time. My kids paternal grandma is trying to take my kids and its been based on all lies. I won the first case in ky and i thought once that was dismissed it went back to my current TN order, now they are at it again... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Aug 23, 2022

To modify custody and the question is which state has jurisdiction, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will provide the needed guidance. One way that KY could acquire jurisdiction over the matter is if the child(ren) resided in KY for the six months immediately... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can i file contempt of court on my ex husband for not letting me get our daughter on my weekends?

I am suppose to get our daughter the 3rd weekend of every month an since February 2022 he has blocked me from having any contact with her an want let her come. I believe they have moved to North Carolina also but im not forsure.

Bennett James Wills
Bennett James Wills
answered on Jul 5, 2022

If he has violated the court's orders, and moved without following the procedure in the statute regarding moving, then you could seek contempt. You are also allowed uninterrupted phones calls with the minor during your non-custodial time by statute. Consult local counsel to see whether you can... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Info on how to file for child custody when parents live in different states?
Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

Depends on who is filing, where the parties reside and for how long. Jurisdictional analysis depends on several factors. Hire counsel to determine your options.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

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...
Read more »

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
PREMIUM
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...
Read more »

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...
Read more »

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
PREMIUM
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
PREMIUM
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...
Read more »

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
PREMIUM
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.

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