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Questions Answered by Bob G Huddleston Jr.
1 Answer | Asked in Child Support for Tennessee on
Q: Can I be forced to pay child support on a child whom the courts forcefully terminated my parental rights on 15 years ago

I was served papers from another county to appear in juvenile Court over a child who is in state custody for which my rights were forcefully terminated 15 years ago

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Oct 21, 2022

Support obligations terminated when the parental rights were terminated.

However, if there was retroactive owed at the time of the initial order of support and unpaid ongoing support wasn't paid in full prior to your parental rights being terminated, then you would owe for all of that...
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1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
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1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can Dcs legally make u separate from ur husband and threaten to take your kids away if you don't file a ppo on ur husban

D? How can I get my husband back in my house and not loose my kids to CPS custody either??

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Aug 28, 2022

It *sounds* like this is in the early stages of CPS involvement, in which case the Department of Children's Services merely needs to show there is "probable cause" to prevent your husband from having contact with your children, in the interest of keeping your children safe.... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: If a custody order for full custody in TN is issued in 2019 and someone tries to get custody in ky. Doesnt Tn have juris

jurisdiction over ky. Also Tn called for jurisdiction on that court order at that time. My kids paternal grandma is trying to take my kids and its been based on all lies. I won the first case in ky and i thought once that was dismissed it went back to my current TN order, now they are at it again... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Aug 23, 2022

To modify custody and the question is which state has jurisdiction, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will provide the needed guidance. One way that KY could acquire jurisdiction over the matter is if the child(ren) resided in KY for the six months immediately... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I've been fighting to see my kids for over a year and I live in Kentucky but the case is in Tennessee and I need help
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on May 1, 2022

It will help any attorney who wants to respond if you could provide more background information.

For example,

1) Who has custody?

2) Is there a Tennessee court order finding that the children were dependent and neglected?

3) If so, does the order reflect that a...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: In Tennessee does a father not married, but signed the birth certificate legally have 50:50 on his child?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 25, 2022

Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.

1 Answer | Asked in Child Custody for Tennessee on
Q: My granddaughter that I had legal custody of since she was 5 had a baby 3 years ago .She is now 21 .I have had the baby

I had baby since day he was born. I pay babysitter, food ,diapers ect his whole life .She is on drugs .What do I need to do get custody?

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Dec 27, 2020

Contact a local lawyer that practices family law, and talk to them about filing a Petition for Custody on the basis of dependency and neglect.

1 Answer | Asked in Child Custody for Tennessee on
Q: As a legal Aunt by marriage, do I have familial custody rights to my nieces & nephews?

5 children aged 5 to 9-10 mos old. Removed from parents by TN CPS due to unfit conditions & drugs. Children are in emergency foster care. Can I have legal custody of these children to get them out of foster care? They're nieces & nephews by marriage. Father is unfit & doesn't... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Nov 5, 2020

You should speak with the DCS Child Protective Services Investigator and Family Services Worker on this case, and ask them to do a home visit and background checks to consider you for "temporary custody" pending the outcome of the dependency and neglect proceeding that DCS has likely... View More

2 Answers | Asked in Child Support for Tennessee on
Q: if I owe 16,000$ in child support arrears and I’ve got a settlement of 26,400$ how much can be Garnished from it
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 13, 2020

Yes, the full amount in arrears can be attached/levied by the Department of Human Services.

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1 Answer | Asked in Child Custody and Juvenile Law for Tennessee on
Q: Can a 17 year old leave home with an 18 year old and live together with the 18 year old helping to take care of them ?

This is a question with the laws of Tennessee because I frankly have no clue, and would love a more simple answer then a very long 5 page written answer preferably only a 2 page answer or shorter . Thank you ! And sorry .

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Jun 11, 2020

If the parents of the 17 year old approve, then yes.

If the parents of the 17 year old do not approve, then maybe.

Maybe because . . . it exposes the 17 year old to a charge of juvenile "unruliness" and being placed in the protective custody of the Tennessee Department of...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
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1 Answer | Asked in Child Support for Tennessee on
Q: I was never served papers or informed that i had to pay child support. Why are they taking from my paychecks?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 15, 2020

It's possible, but unlikely, that there was not good service of process for notifying you of any child support hearing. It's likely the service of process rules were followed, you still didn't learn about the court date, and a default judgment was taken against you.

It's...
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1 Answer | Asked in Child Support for Tennessee on
Q: Why does my kids dad wife have the right to have insurance on our kids? Yes he works

I thought when a person gets married their income becomes one. I'm not understanding why I can't take both to court for support. She has insurance on our kids, why does she have the right to do that but doesn't have rights over our kids?

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 21, 2020

A stepparent may take out insurance policy on the children of their spouse as the children are considered dependents of the biological parent and that person's spouse (at least for insurance purposes). She has custodial/guardianship rights and obligations granted by the stepparent... View More

1 Answer | Asked in Child Support for Tennessee on
Q: Hello my kids dad is married. Do the child support count both of their incomes since they're married?

My kids dad is married do support comes from both since he's married? Can I take them both to court?

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 21, 2020

Only your income and his income is included in the calculation. His wife's income is not included. No, you cannot take his wife to court because she has no legal rights or responsibilities to your child.

1 Answer | Asked in Child Custody for Tennessee on
Q: Will it go against the father of our child not allowing our 4 year old to have a phone conversation with his momma

The current custody order was wben our son was 6 months so any phone calls was not mention im wanting to petition the court for my son for alot of reasons, my ex wont allow my don to soeak to me on the phone would this go against him in court

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 1, 2020

Petition the court for a modification of the visitation order to allow phone calls as the child can now speak on the phone when he wasn't able to when he was only six months old, more readily allowing you to maintain and strengthen the parental bond with your child.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee on
Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 1, 2020

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...
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1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Can I call the police if my 18 yr old ran away in Memphis,tn?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Jan 29, 2020

If your child is 18, then they wouldn't legally be considered a "runaway" as defined by Tennessee law dealing with delinquent or unruly children.

Of course you CAN call the police and file a missing persons report in order to try to find out if they are at least alive and safe.

1 Answer | Asked in Child Support for Tennessee on
Q: My husband is in jail for child support in one county an he has a hold on him in another county

For child support will be do a year instead of 6 months

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Jan 27, 2020

Was the incarceration because of the child support issue from a civil or criminal contempt?

The child support issues, regardless of whether incarceration was civil or criminal, are completely separate from any other issues causing him to be held in jail.

However, it seems unlikely...
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