Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bob G Huddleston Jr.
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... Read 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...
Read more »

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 coming out of your...
Read more »

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 relationship, but... Read 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... Read 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...
Read more »

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...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.