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Questions Answered by Bennett James Wills
1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What does this parental right mean?

(iii) The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any hospitalization, major illness or injury, or death of the child. The parent exercising parenting time when such event occurs shall notify the other parent of the event and... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 15, 2019

It means both. If you currently have the child and a listed event occurs, you should provide the healthcare provider with the other parent's info. You should also notify the other parent who is not present of the event and provide the healthcare provider's info.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In TN Can a landlord legally take you to court without giving the tenant a written 30 day notice and a 14 day quit?

My lease agreement expires October 31, 2019 and I have already started moving from the home. On October 9, 2019 I was served with eviction papers due to unpaid rent. My landlord did not give me with a written notice before taking actions through the court. Did he follow the proper steps to evict... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Depends on what your lease says. Often times there's a waiver of notice for non-payment of rent. Consult local counsel to determine what, if any, options you may have for a defense.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a grandmother take custody of a child if she has had him for 30 days?

I left my child with his grandmother while I visited my boyfriends mother out of state but now his grandmother is threatening to take custody can she do that?

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

That's not how custody works.

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: Can my husband adopt my child without contacting her biological dad he has never seen her nor does he want to

My 11 year olds biological farther signed a paper when I was 5 months pregnant with her that stated he did not want any prenatal rights my now husband wants to adopt her do I have to contact her farther in order for this to happen he has never seen her nor does he want to

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

You should consult with a local adoption attorney to discuss your rights and responsibilities. The biological father will need to be served with papers if his parental rights haven't already been terminated for some reason.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can the law take our camper if we own it and have the title?

We didn't register it cause we weren't going to have it on the road we used it for a temp home, couple years later loaned to man and 6 or 7 yrs later it's for sale by someone that said they bought it from the man we loaned it to.

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Consult a local attorney to assist you with getting the camper back, if that's what you want to do. If you hold the title, then the camper should not have been sold. And the buyer would not have good title.

2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: my husband is a registered sex offender against a child under the age of 13 can he still take custody of our children?
Bennett James Wills
Bennett James Wills answered on Sep 23, 2019

Custody is decided upon a lot of different factors. In theory, the answer could be yes. Practically? Probably not. But you should consult an attorney to assess your particular situation to make that determination. Without knowing more about your kids and circumstances, no one on a forum can give... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: What can I do to my soon to be ex for having our children to lie to me about everything I ask them in Tennessee?
Bennett James Wills
Bennett James Wills answered on Sep 23, 2019

Get an attorney asap to help you with this. There may be several options, especially if there's pending litigation, such as court ordered therapy, injunctions, appointment of a guardian ad litem, etc.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: What is the remedy when a lawyer has made a false allegation that molestation of a minor child occurred?

I am not the accused in the matter. Though during the course of a trial my ex-wife's attorney made a statement that my son was molested despite not offering any foundation or evidence. He went on to claim ignorance of what the criminal definition of molestation is. Ignorance of the law is never... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

If the statements were made in the course of litigation it is likely that the attorney is immune under the litigation privilege from civil suit. However, statements made in court that are not supported by the record or evidence can be ground for sanctions by the board - although that is for the BPR... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Put a $15,000 tentative down payment on a log cabin kit did not get the kit and they won't give us our money back
Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

That could very well be a breach of contract. You should consult with an attorney to review your contract and the circumstances of the transaction. If the seller did not honor the terms of the contract then you may have to file a lawsuit to obtain your money back.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do I petition the court for my custody time with my son

I’m only getting my son Wednesday at 4 until Friday at 4. Summer it switches around. My ex won’t allow my son to talk to me on the phone which he is 4. When I text and ask he would ignore the text even if I ask to see him. My son don’t go to daycare so I wanted my son to have a private tutor... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

You would file a petition to modify the current parenting plan. You could try to do this yourself, but you would be wise to hire or at least consult with a local attorney to review the current plan and give you your best options.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can a cop search a vehicle on minor traffic stop, that isn't the drivers car & I say no to search it don't belong to me

The cop pulled me over as I was turning in my friend driveway so it was private property. When I told him no to the search he already had a k9 cop present plus another cop car present for minor traffic stop. He ran the k9 around the car without my permission and they said the dog hit but he never... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 12, 2019

The police can stop a car with probable cause - such as a minor traffic violation. If you do not consent to a search, the police can use a K9 so long as the use of the dog does not prolong the traffic stop. If the K9 hits on the car, that is probable cause to search the interior. If you have been... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord conduct repairs with out acknowledging the tenant then making the tenants pay the repair bill?

My landlord made repairs with out acknowledging me prior, then sent me a bill for repairs I knew nothing about

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. Your lease may have the answer. But to conduct repairs and then pass the direct cost to you seems off. Have local counsel review your lease and the facts to determine what, if anything, you can do.

2 Answers | Asked in Consumer Law for Tennessee on
Q: How can you get school traffic not to block your personal driveway?

We live in front of the school entrance by and every year we can not get in or out during the drop off in the morning and pick up in the afternoon school board says it's a city issue and the city says it's a school zone so it's school board problem

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. But perhaps you could sue to declare the issue a private/public nuisance and seek relief. Best option is to consult with local counsel to determine what, if anything, you can do.

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1 Answer | Asked in Construction Law for Tennessee on
Q: Is there compensation for non property owners who are inches off construction that very adversely effects their property

Eminent domain does not apply, but state of Tn will be constructing a road and wall that will block 2/3rds of access to my business

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. Are you asking whether you need to establish an easement for your business? Consult local counsel to discuss your particular situation.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My roommate assaulted me with a fire arm. My land lord won’t allow me to break lease.

Roommate hasn’t been removed from the lease. If found not guilty, he will be living with me again on the 24th. My landlord will not let me give my 60 day notice without my assaulting roommate’s signature. He has a huge drinking problem. My roommate was arrested and tazed by the police.

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Consider seeking an order of protection. That could prevent the roommate from coming back to the house. Consult local counsel for your best option.

1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Tennessee on
Q: Is it lawful for a landlord/ property management company to refuse to rent to pet owners (i.e. pets)?

Why can they say "no pets"? Doesn't that discriminate against pet owners?

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

"Pet owners" is not a protected class like race, sex, or origin, subject to exceptions for proper service animals.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Would the courts go back and use texts and pictures 4 years back

4 years ago I got custody of my granddaughter due to my daughter getting in trouble, the other grandmother was on the order to help me while I work on Saturday, it lasted not even 6 weeks. When my daughter got out of jail. The other grandmother stop helping me so with my daughter couldn’t be... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Child Custody for Tennessee on
Q: In a custody case can someone use texts and pictures 4 years back

4 years ago my daughter went to jail over drugs, I got custody of my granddaughter, after staying clean for 3 and half years, she lost her son and relapsed, now she is back in jail and her lawyer is trying to get her in rehab. Now I’m having to fight for custody with the other grandmother who... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Family Law for Tennessee on
Q: My daughter had a baby girl out of wedlock in 2012 in TN. The father was affirmed with a paternity test and His name is

On her BC. The parents are no longer together and my daughter got a TN court order of custody. The father has always lived in GA and still does. My daughter has married and now lived in GA. Is her TN custody order legal in GA?

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

The TN order would govern until a GA court took over regarding any disputes assuming the jurisdiction requirements have been met.

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