Questions Answered by Marjorie A Bristol

Q: Mom has no job car and lives with her dad but father has job car and his own place shouldn't the father gain custody?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 28, 2018
Marjorie A Bristol's answer
No, not necessarily. The fact that the mom lives with her father may not play a big role in custody. You should consult an attorney to look at all of the facts to advise you regarding your legal options.
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Q: My boyfriend keeps threatening to get CPS involved if I break up with him. We have an 18 month old together.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Mar 28, 2018
Marjorie A Bristol's answer
No, those are not reasons for CPS to remove your child. You staying with an abusive boyfriend would, however, potentially be reason to remove your child as would having your child around a known drug user. If you haven't been to court to establish custody, you have sole custody. Tell him to take hike and don't look back.
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Q: If you give right up to a child are you still responsible for paying child support?

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 25, 2018
Marjorie A Bristol's answer
You could be unless the child is adopted.
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Q: my husband died 6 months without a will he has a lady that claims she's his only daughter I live in the house and rent

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Answered on Mar 25, 2018
Marjorie A Bristol's answer
You should consult a probate attorney to look at all of the facts and see what your options are.
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Q: Is it legal for my wife to live with another man before we r divorced? She has mail going to the other guys house

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 25, 2018
Marjorie A Bristol's answer
Yes, she can live where she wants and with whom she wants.
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Q: My son Adopted father said if we don’t split custody of my son That I will lose child support is that true?

1 Answer | Asked in Child Custody, Child Support, Family Law and Adoption for Tennessee on
Answered on Mar 25, 2018
Marjorie A Bristol's answer
No, that is not true. You should consult an attorney.
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Q: my grandmother left me her house in her will my unlces are taking me to court to try and sell the house

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Mar 24, 2018
Marjorie A Bristol's answer
It can be done, obviously, they are doing it. The question is will the court agree with them. You need a probate attorney to help you.
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Q: Is there a new child support law?

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 24, 2018
Marjorie A Bristol's answer
I am not familiar with any such change in the law.
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Q: I have a two part question. If my child starts a job at sixteen or drops out does child support stop? Asking for bf.

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 24, 2018
Marjorie A Bristol's answer
No, he has to at least pay child support until she is 18. Then, if she is not in school, he can asked to be relieved of child support. He should also be concerned about truancy issues if she is not attending school.
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Q: If im married but seperated and found out i am pregnant with my ex boyfriends child can i file on him for child support?

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 21, 2018
Marjorie A Bristol's answer
Yes, you can file for him to be named the legal father and pay child support.
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Q: I have court ordered guardianship of my sister's children. How can I get the father of my nephew to be responsible?

1 Answer | Asked in Child Custody for Tennessee on
Answered on Mar 20, 2018
Marjorie A Bristol's answer
The courts can't order him to take custody if he doesn't want custody, but they can make him pay child support.
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Q: Our son takes prescription meds for bi polar. He is job hunting and has to take drug testing. How should he handle this

1 Answer | Asked in Employment Law for Tennessee on
Answered on Mar 17, 2018
Marjorie A Bristol's answer
They should only test for illegal drugs. If they try to use the fact that he takes medications for bipolar to not hire him, then they may violate his rights under the ADA. He should consult an attorney to advise him regarding his rights.
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Q: I’m am a pregnant adult in TN and neither I nor the father want him responsibile for this child. Can it be legally done?

1 Answer | Asked in Child Custody for Tennessee on
Answered on Mar 17, 2018
Marjorie A Bristol's answer
You are not required to seek to have him named as the father unless you receive benefits from the state (TennCare, SNAP, or TANF). If you won't be using those, then you don't have to have him named as the father or seek child support. The only way that he will likely be allowed to surrender his parental rights though is if you get married and your spouse wants to adopt. If you are concerned about what your rights are, I recommend you consult an attorney.
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Q: Is a 401k part of a estate to be divided among beneficiaries

1 Answer | Asked in Probate for Tennessee on
Answered on Mar 17, 2018
Marjorie A Bristol's answer
Usually accounts like a 401k have a named beneficiary upon death. They transfer automatically to the person named and do not pass through the estate.
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Q: My 3 year daughter has her fathers last name on her birth certificate but my last name on her SS card, which is legal

1 Answer | Asked in Family Law for Tennessee on
Answered on Mar 17, 2018
Marjorie A Bristol's answer
You should ask for a new social security card with the new birth certificate so that they match. The name on her birth certificate is her legal name unless there is a court order changing it to something different. If the names don't match, you/she will have problems in the future filing taxes, etc.
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Q: If a minor is emancipated, can dcs still have authority over them as a minor?

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Answered on Mar 17, 2018
Marjorie A Bristol's answer
Yes, they can. If the minor is a dependent/neglected child or if the child commits a delinquent act, then DCS can be involved.
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Q: I signed for my daughter to get her license at 16. She is 19 now, recently moved out.

1 Answer | Asked in Family Law for Tennessee on
Answered on Mar 15, 2018
Marjorie A Bristol's answer
No, but if you own the car she is driving, you will be responsible for insurance on the car.
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Q: Can judge grant biological father last name change?

1 Answer | Asked in Family Law for Tennessee on
Answered on Mar 14, 2018
Marjorie A Bristol's answer
The judge will look at a lot of factors like how old is the child; is the name change in the child's best interest, etc. But yes, the judge could grant a name change. You should consult an attorney to help with this.
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Q: Can my husband divorce me for abandonment when he is the one who abandoned us?

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 14, 2018
Marjorie A Bristol's answer
That is a complicated set of facts. The judge is likely to allow the divorce if he wants it. The courts will not generally force someone to stay married who doesn't want to be married. I think rather than worry about the grounds used in the divorce you should contact an attorney to make sure that the kids are taken care of and the property is divided equitably.
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Q: Hi I have,took Care of my sons girlfriends daughter since she was 3 months old she is now two half and mother talking

1 Answer | Asked in Child Custody for Tennessee on
Answered on Mar 13, 2018
Marjorie A Bristol's answer
You can file a petition in juvenile court or the mother can execute a power of attorney for child care. You should consult an attorney to look at all of the facts and help you evaluate your legal options.
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