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Tennessee Family Law Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can a notary notarize my will and be one of the 2 witnesses?

We went to the bank during COVID to have our will notarized; there were only 2 people at the bank therefore, the notary notarized it, signed as a witness and the other person was the 2nd witness. Is this valid/legal or do I need to have it redone? We drew up the will ourselves online.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 7, 2022

Will execution must be perfect and you will need a competent attorney. The need for Probate must be examined first, then you plan your Estate. Otherwise after you die it will be a mess, and the proposed document will be thrown out.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Where do I get the forms to file for adoption for a stepparent?

The person that is listed on the birth certificate has not been in her life for 6 years, no contact, no child support nothing. How do I go ahead and file this?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 7, 2022

Adoptions are usually complicated. You will need to hire a competent attorney and have all the contact information for all interested parties. Your case probably involves termination of parental rights.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Do grandparents have to pay the child support if their minor child gets someone pregnant?
Sam  English
PREMIUM
Sam English
answered on Jun 2, 2022

No. There is no responsibility for child support except from parents. As minors, the court will not enforce child support but it will be accounted for when the child emancipates.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can guardians of minor, of an unprobated estate, no will, take items (cars) from estate and register in their names?

17 yo boy, guardians were in place till he was 18 (5 months) They registered 2 cars that belonged to boys grandmother in their name after her death. No will. They just said the grandmother told them they could have them. Never got the boy the SSI he was entitled to either. No other heirs.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 1, 2022

If the boy is the Next Of Kin, then the cars are his property. If not, then the rightful Next Of Kin should file suit in Chancery. You are not allowed to sit on your rights.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: Can you get an annulment in TN after 16 years of marriage that began while you were still married to your first wife

You found out you were still married to your first wife after 3 years of marriage to your 2nd wife and you then divorced your first wife however did not remarry your 2nd wife. Does this mean your 2nd marriage is invalid? Can the person who was married be liable and go to jail for bigamy after... Read more »

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

The second marriage is invalid. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: So I was arrested and the officer that arrested me happened to be a family member is that a conflict of interest
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 4, 2022

No.. LEOs are not subject to ethical constraints.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: My sister filed petition to be my conservatory i dont want that because im capable. What are my options to preven
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 4, 2022

You will be contacted by a guardian ad litem appointed by the court to interview you. Explain your wishes to him or her.

You will also receive notice of a hearing. Attend the hearing and present your arguments.

Finally, consider hiring an attorney to represent you.

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 Criminal Law and Family Law for Tennessee on
Q: can male inmates receive furlough because their partner is giving birth?
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Apr 27, 2022

It depends on a variety of factors. I would talk to the attorney that handled your case.

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 for Tennessee on
Q: What happens in court for first time on a child neglect case
Thomas W Coupé
Thomas W Coupé
answered on Apr 20, 2022

It depends on each court, but if DCS is involved it normally means DCS will file a petition for dependency and neglect and state in that petition why they believe a child is in danger. If DCS believes it is an emergency, they may file a Protective Custody Order (PCO) and remove the child from the... 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 »

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Tennessee on
Q: Can you sue a family member for owing you 45k but they don’t want to pay back and their is no contract
Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

Yes. You can sue. But not having a contract for a loan may enable them to a decent defense. Consult counsel to determine your options.

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1 Answer | Asked in Family Law for Tennessee on
Q: If a drunk driver injured or killed someone, can their spouse be sued as well as them
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2022

Sometimes they own property as Tenants By The Entirety, such that Executions affect both. If the Spouse allowed use of the vehicle, absolutely.

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 Support and Family Law for Tennessee on
Q: Do I have to pay Child support if I sign my rights over
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

If the Order Terminates Your Rights, then no ongoing child support.

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