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Questions Answered by Kimberly K. Schreiber

1 Answer | Asked in Family Law for Tennessee on

Q: Can Tennessee dcs pull adult medical records without consent

Kimberly K. Schreiber answered on May 24, 2018

I need more information, but generally you would have to sign a release for your medical records. There could be some reason that a there is a court order for medical records. You best option is talk to an attorney and go down to the court to make sure you have all the records in the file.... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?

The child is 2 years old. A parenting plan has just been recently agreed upon by both parents and made legal. My question is what do you do if the mother is withholding your child from you? Or what will happen in this case? If law enforcement's were to be called and she still refuses to hand the... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Tennessee on

Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.

A policeman called dhr on me due to domestic violence in my home regarding my ex boyfriend. This was the third incident that led to them getting involved. I don't use drugs and my child wasn't harmed. How long is the whole process once dhr becomes involved, and how long will it be before they will... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for... Read more »

1 Answer | Asked in Family Law and Divorce for Tennessee on

Q: My ex won't come get his stuff he left behind at my house, after living together for 10 yrs & its been over for 1.5 yrs

I informed him 20 days ago that he had 20 days to come pick the stuff up. He's cancelled twice & is now presuming I won't let him have his stuff; despite my attempts to let him know whatever was his is still his but I won't it gone. Otherwise I said I'd donate to goodwill. However, he called a cop... Read more »

Kimberly K. Schreiber answered on May 23, 2018

You need to consult your Marital Dissolution Agreement. It usually says that each spouse is keeping the personal property in their possession or provides details about the property settlement. If it doesn't provide any guidance you could send him a storage bill and a certified letter asking him to... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: What are our options?

My husband and his ex were never married. They have a 9yr old boy and she gave him to my husband a little over 5yrs ago due to her being in am abusive relationship and being unable to take care of him. She lives in Alabama and 2yrs ago DHR removed her 2nd child age 3 at the time and placed her... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: What are examples of exitgent circumstances when it comes to a parents relocation on a parent plan

Kimberly K. Schreiber answered on May 23, 2018

If you are trying to move, you must follow the Parental Relocation Statute. It is on the last page of your current Parenting Plan. You can also look it up under TCA 36-6-108. Exigent circumstances could be a job loss, a sick family member that needs care, loss of a home to fire, and many others.... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: My son wife wants to take their 2 year old and leave state can she do that if he don't want her to take their son

She said she is gonna leave my son and take their child to another state to live thay have all lived in my home since before the 2 year old was can she take my sons child and leave state if my son don't want her to leave with their son she can leave if she wants to he don't want to let her take... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Do they have any sort of Parenting Plan through the court? If not, he needs to file a Petition in juvenile court to establish his rights. Once that has been established, he will have court ordered parenting time. Mom would have to notify your son under the Parental Relocation Statute if she... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on

Q: I am trying to find my sons bio dad for child support summons. He works under the table. What can I do

Judge in Davidson county TN granted my divorce by default. Defendant could not be located and was served via publication for divorce hearing. The judge said child support could not be set because he was unable to be located. The child support office in Davidson county TN can not locate him. He also... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Have you tried hiring a private detective? I know that can be expensive, but it is likely the only way to have someone dedicated to finding him. They can use social media and also try to track him through his girlfriend.

1 Answer | Asked in Family Law for Tennessee on

Q: Once spousal support is given and bills are paid, is rest on the money divided between wife and grown children?

Kimberly K. Schreiber answered on Apr 30, 2014

Is this a probate question or a divorce question. In family law (divorce), the grown children do not get any of the marital assets. Those are divided "fairly" by the judge, who also decides alimony based upon a factor test.

1 Answer | Asked in Family Law for Tennessee on

Q: My ex lives in another state can she force our son to visit her?we have a parenting plan that says she has visitation

Kimberly K. Schreiber answered on Apr 30, 2014

Is the Parenting Plan current? In other words, does it allow visits out of state? If not, send a certified letter that states you wish to mediate and amend the Parenting Plan. Almost all PPLANS have a provision that requires mediation before any sort of court action. If the Plan allows visits... Read more »

1 Answer | Asked in Family Law for Arkansas on

Q: Is dad legally obligated to inform mother of vChanges in insurance coverage of minor child

Kimberly K. Schreiber answered on Apr 30, 2014

Yes, you are supposed to have the current insurance card at all times. This enables the child to get treatment when they are with either parent. There is also usually a provision in the Parenting Plan that requires the information to be updated and sent to each other each year.

1 Answer | Asked in Family Law for Tennessee on

Q: I would like to divorce my wife and have her leave the house

I have been married for 15 months. My wife left for 1 month but came back. I didn't feel right telling her she couldn't stay. Since then she is violent, spitting in my face, arguing. She has not hit me, but has pushed me etc. I would like her to leave but don't know how to get her to go. I have had... Read more »

Kimberly K. Schreiber answered on Apr 30, 2014

You can file an Order of Protection against her and she will be unable to come around you if it is granted. You don't need to file for divorce to do that. Also, you could file a Complaint for Divorce (the Clerk has the forms) and then file a Motion for Exclusive Possession of the rental house.

1 Answer | Asked in Child Custody for Tennessee on

Q: What's the odds of a change in custody for visitation interference,and denial of parental rights?

My son has been kept from me since Aug.2013. The reason his mother kept him from me is because she saw a bruise on his arm that she thought was a hand print. We we're asked questions by police And CPs. Nothing came of it.I continues to ask for visiting and was denied. I call him every night. I... Read more »

Kimberly K. Schreiber answered on Apr 30, 2014

It is hard for any lawyer to give you odds for a case. So much depends on the Judge. Always hire a local attorney that is familiar with the judge and practices regularly in front of them. It sounds like you are doing everything right. Keep exercising your phone call rights and paying child... Read more »

1 Answer | Asked in Insurance Defense for Tennessee on

Q: I am in TN and am beneficiary of life insurance, do I have to give adult children any of that money

Are his children entitled to any of the life insurance money since I am listed as the only beneficiary.

Kimberly K. Schreiber answered on Apr 30, 2014

No, beneficiaries for life insurance and the proceeds do not go through probate. They are the sole monies of the beneficiary.

1 Answer | Asked in Collections for Tennessee on

Q: Can I settle a debt collection after I have been served with civil papers?

Kimberly K. Schreiber answered on Apr 30, 2014

Yes, you can settle the matter any time before the hearing. Many are settled the day of the hearing with the attorney or representative from the creditor. They will usually allow you to make payments on the balance.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on

Q: Mother has full custody of 9 yr old. Father remarried and mom is not letting dad see the daughter. How do I appeal?

Kimberly K. Schreiber answered on Apr 30, 2014

Do you have a Permanent Parenting Plan? If so, you can file a Petition for Contempt if she is not letting you see the child. Please remember to keep paying your child support even when you are not seeing the child as that is a separate matter.

1 Answer | Asked in Child Support for Tennessee on

Q: I live in tn my daughters dad lives in ny, can I file for child support from a different state

Kimberly K. Schreiber answered on Apr 30, 2014

Where does the child live? If she lives with you in Tennessee the majority of the time and your file is in New York, you can have it "domesticated" or moved to Tennessee in most cases. Once it is here, local child support services can help you or you can hire an attorney to get child support.

1 Answer | Asked in Family Law for Tennessee on

Q: What can i do to get custody back of my children from my ex if they have been living with me the whole time in tennesse

My children are 12 and 8 and when my youngest was born me and ther daddy was going through some stuff and i give his mother tem custody but the children have been living with me in tennessee the whole time with me and my new husband. please tell me what i need to do please.

Kimberly K. Schreiber answered on Aug 8, 2013

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

Q: In TN, if a wife cheats on her husband during marriage and gets pregnant by another man is the husband legally responsib

Kimberly K. Schreiber answered on Aug 8, 2013

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

Q: What can i do in TN to keep son safe from ex(neglect and re-enacting sexual acts, while I have a TRO & still no trial?

Kimberly K. Schreiber answered on Aug 8, 2013

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.

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