Questions Answered by Kimberly K. Schreiber

Q: Can Tennessee dcs pull adult medical records without consent

1 Answer | Asked in Family Law for Tennessee on
Answered on May 24, 2018
Kimberly K. Schreiber's answer
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. There might be a court order or some other paperwork in the court file that would help you.
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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?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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 support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep...

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

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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 speedy hearings and advocate for you.

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

1 Answer | Asked in Family Law and Small Claims for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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 come get his property. You could also have an attorney send him a letter.

Q: What are our options?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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 rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in...

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

1 Answer | Asked in Family Law for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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. Consult with a Family Law attorney to see if your circumstances might meet the criteria.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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 wanted to move out of state or more than 50 miles from where she is now. However, that is only in effect AFTER a Parenting Plan has been established. He needs to consult with a good attorney that...

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

1 Answer | Asked in Family Law and Child Support for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
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.
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Q: Once spousal support is given and bills are paid, is rest on the money divided between wife and grown children?

1 Answer | Asked in Family Law for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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 out of state you risk contempt charges by not providing the child. It would still be best to amend.

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

1 Answer | Asked in Family Law for Arkansas on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Child Custody for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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 support. Have you asked for at least supervised visits to re-establish the relationship?

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

1 Answer | Asked in Insurance Defense for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
No, beneficiaries for life insurance and the proceeds do not go through probate. They are the sole monies of the beneficiary.

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

1 Answer | Asked in Collections for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Aug 8, 2013
Kimberly K. Schreiber's answer
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.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Aug 8, 2013
Kimberly K. Schreiber's answer
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.

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?

1 Answer | Asked in Family Law for Tennessee on
Answered on Aug 8, 2013
Kimberly K. Schreiber's answer
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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