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Questions Answered by Sam English
1 Answer | Asked in Family Law for Tennessee on
Q: How long does a Temporary parenting plan last
Sam  English
Sam English answered on Oct 19, 2021

It depends. Generally, the TPP is in effect until a Permanent Parenting Plan is reached via agreement or Trial. Some TPP's have dates defined in them. Most do not. Its a Court Order so it will be valid until it is modified. I hope this helps.

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Hello, I have 2 young children and we've been living separately from their father.

(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... Read more »

Sam  English
Sam English answered on Sep 7, 2021

You need to sit down with a lawyer and go over the facts of your case. If no pending action, you can move without permission of the court. However, the Father can bring an action under TRCP 65.07 and try to get immediate custody of the children. I strongly advise you to seek an attorney and... Read more »

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1 Answer | Asked in Child Custody for Tennessee on
Q: unmarried father signed the birth certificate of a child, does he needs still have to establish paternity by court?
Sam  English
Sam English answered on May 8, 2021

You will need to file a Petition for Parentage. If you are on the birth certificate, both parents signed a voluntary acknowledgment of paternity. You must establish your rights in Court. By statute , the Mother has exclusive custody.

1 Answer | Asked in Child Custody for Tennessee on
Q: can a mother take a child without father of child consent out of the state? custody not established yet
Sam  English
Sam English answered on May 8, 2021

Yes. If your case is filed, there is an injunction in place that requires that she give you an itinerary and the information will be listed in your case pleadings. The injunction deals with "out of state travel." If no case is filed, parties can travel freely.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Iffather is $36,000 behind what can happen in Tennessee if they won't modify or punish him for contemp
Sam  English
Sam English answered on Mar 22, 2021

The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a... Read more »

2 Answers | Asked in Juvenile Law for Tennessee on
Q: I need to know what to do about a child that said he was being abused and then runaway came to my house
Sam  English
Sam English answered on Mar 12, 2021

I suggest starting with contacting the Department of Children Services and seek help with that.

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1 Answer | Asked in Family Law for Tennessee on
Q: Can I sign power of attorney to the state found out my dad is in the hospital we not spoken 20 years I'm next of kin
Sam  English
Sam English answered on Mar 11, 2021

This is very fact dependent. If your father is competent, he must direct the authority. If he is not competent, you must file an action for a Conservatorship.

2 Answers | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Sam  English
Sam English answered on Mar 11, 2021

Yes. Your attorney can request injunctive relief in your divorce case. It will require you prove with an affidavit that facts and circumstances exist that create a risk of irreparable harm to the child. The Court will (generally) set a hearing within 15 days of the temporary injunction.

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Sam  English
Sam English answered on Mar 11, 2021

Its important that you complete a QDRO (Qualified Domestic Relations Order) for the 401K. It will Order a "mirrored account" be set up in your name and the money will transfer without a taxable consequence. As for the IRA, there is a form that the company can provide to transfer those... Read more »

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