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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
Kimberly K. Schreiber's answer You should probably withdraw as the mediator from the case. If they are harassing you, it is unlikely that you can remain neutral. After you withdraw they should stop contacting you because you are no longer involved in the case. Rule 31 is a great resource for Listed mediators in Tennessee.
Kimberly K. Schreiber's answer Motion to set your divorce for a hearing and file a proposed parenting plan. If the trial dates are too far away, you can have the judge set temporary parenting time and child support. That will be a court order and you should be able to see your child pending the outcome of the divorce.
Kimberly K. Schreiber's answer If your wife will not your divorce papers, you need to motion to set the case for a hearing and the judge will determine what is fair and equitable. It could be different than what the papers you have drafted state. There are time limits depending on when you filed the initial complaint for divorce. If the time has run, you will have to file again and wait 60 days (in no minor children) before you can go in front of the judge.
Kimberly K. Schreiber's answer Speak to a local attorney about filing a Petition for Custody. This can be done is several ways. If he is violating your current Parenting PLan or a court order, you may be able to file for contempt and show a change in circumstances that will allow you to have the custody switched. Your 16 year old is old enough to talk to the judge and tell him what is going on. Good luck!
Kimberly K. Schreiber's answer Generally, no. He is under a court order to make payments. You should consult a lawyer about filing for contempt. You may want to make sure that you are not in contempt by carefully reading the Marital Dissolution Agreement to determine who is responsible for that utility bill.
Kimberly K. Schreiber's answer In Tennessee, you must reside here 6 months to file. I am not licensed in Mississippi, so I don't know their rules. You may want to post your question on the forum for that state. However, you may be able to file here or contest jurisdiction in Mississippi.
Kimberly K. Schreiber's answer If your spouse is agreeable to allow you to file in Tennessee, you can get usually get an attorney to do a flat fee divorce because it is just paperwork. There is a 60 day waiting period. In many counties, the parties do not even have to appear in court to get divorced, it can all be done through paperwork.
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