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... View More

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"... View More

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

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

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... View More

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.

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.

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

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

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... View More

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... View More

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... View More

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

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.

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.

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... View More

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.

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... View More