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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Child Custody for Tennessee on
Q: If I am not married to the man of our three children. Can I take our children away for him not finacially supporting us

Been together 16 years. He has only held down one job,and I have been supporting him plus our three children. We have never been married .However I want to leave him and take the children.

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 29, 2018

If you are not married and have never been to court to establish custody, then you are the sole custodian. You can take the children where you want. However, he can then go to court and seek custody and visitation. If he does that, then you should definitely hire an attorney to represent you.

3 Answers | Asked in Car Accidents for Tennessee on
Q: Personal injury ?

Me and my fiancé recently got into a bad wreck was needing legal advice am I chatting w the right ppl

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 28, 2018

You should search for a good personal injury lawyer.

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1 Answer | Asked in Child Support for Tennessee on
Q: What needs to be done to stop garnishment of my pay . Was recently revealed is not my biological child. I live away.
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 28, 2018

You will have to disestablish paternity in court and set aside the child support order. You should hire an attorney to help you with this process.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What to do when X evades service for contempt/no child support, etc. and he won’t tell where he lives or works.

80+ counts of criminal contempt for nonpmt of child support/alimony + many other parenting plan and court order noncompliance going on 2 years. He was evicted and lives w GF. He won’t reveal an address or employer and refuses to arrange to be served. He tells the kids he will only see them if... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 27, 2018

Your lawyer is the best person to answer this question. You should ask him or her about hiring a private investigator to serve him.

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Tennessee on
Q: What are the Tennessee Laws for child on child sexual abuse?

When I was around 9 or 10 I was helping a younger friend of mind get dressed and I was intrigued by their private area and I touched/fondled them, I’ve seen all these fondling allegations and sexual harassment cases and I’m afraid that I’ve done something severely wrong. Thanks for the help.

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 27, 2018

DCS doesn't consider it to be sex abuse unless the perpetrator is over the age of 12.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: can my niece move out of Tennessee to ky away from her boyfriend with a 9mo old baby

My niece is 19 and her and her boyfriend had a baby out of wedlock. It’s over between them but he threatens her as a cop that if she leaves Tennessee that she will be thrown in jail. What can she do to get away from this mentally abusive guy and be able to move with me in Kentucky.

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 27, 2018

If they have not been to court or have a court order giving him rights to the baby, then she is the sole custodian of the baby in TN. She can take the baby wherever she wants. My advice would be for her to quietly leave without telling him ahead of time. He may then go to court to try to get an... View More

1 Answer | Asked in Child Support for Tennessee on
Q: If I dropped the child support for my daughter due to myself and her father getting married do the arrears come to me?

Me and my daughters father are now getting married so I dropped the child support against him. They are still taking money out of his check but I’m not getting it. Where is it going?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 27, 2018

If the child was on TennCare or Medicaid, then they will take part of the arrears to offset those costs. You should contact child support enforcement and see where the money is going. They can answer.

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: Wife wants to divorce fast, I want to go slow. is there any benefit or harm in me trying to slow down the process? risk?

She's signed the complaint. Wants me to go into the office to sign it so she doesn't have to serve me. Am I right in that once serve I have a 30 day window to sign in TN? And what if I wait 28 days? And what if I try to drag this process out with the hope of trying to reconcile?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should consult an attorney to discuss all of the facts. Without knowing more, it is hard to say what would be your best options.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: I have an order of protection against my husband but my daughter is not on it. He wants overnight visitation.

He is taking me to court for it. My daughter is only 1 year old & shes not used to being around him or his family, they were never around. What visitation plan would the judge give him ?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should hire an attorney to help you figure out how best to protect your child. The judge can order any amount of visitation he or she thinks is in the child's best interest.

1 Answer | Asked in Child Custody for Tennessee on
Q: My mom and dad have had tempary custody of my two sons due to me being imprisoned what rights after released do i have

My mother passed away while i was locked up how would that effect if any my rights and its been 8 yrs since the temporary order was issued how long is it good for

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

The temporary order is good until another order is entered. Temporary is a bit misleading. There is no time limit. You can file a petition to retain custody and/or set visitation after you are released from prison.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What does tennessee law say about me having a baby with a married woman that lives with me and not her husband

She said i have no paternal rights to my child

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

Her husband is considered the legal father of the child. So she is correct, you have no legal rights. You can petition to establish paternity though and then can have legal rights ordered by the court.

1 Answer | Asked in Child Support for Tennessee on
Q: If not-biological father signed birth certificate, is he required to pay child support or back child support?

My boyfriend signed the birth certificate for his ex girlfriend's child and the child has his last name. The child is two, they did not marry and only lived together a few months after the child was born. She admitted she cheated on him and the child could possibly not be his. Can he request... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

He can ask for a DNA test and be removed as the father if he is not the father. He should consult an attorney to assist him.

1 Answer | Asked in Family Law, Collections and Health Care Law for Tennessee on
Q: Can a hositpal in the state of tn deny you, if you're in active labor knowing you have A upfront cost?

The hositpal sent me an email stating what I owed up front, if I cannot afford that at the time of arrival can they deny me?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

No, not if you are in active labor. The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay.

1 Answer | Asked in Family Law for Tennessee on
Q: How long can children's father play "unemployed" card to keep from paying full child support?

We have 2 children ages 12 and 13. He is now addicted to prescription pain meds and refuses to work unless he gets paid "under the table" for his pill money. He does get small jobs here and there, but when they catch on to what he's doing, he gets fired. I am a medically retired... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

Contact your child support enforcement office. You can find their contact information on the DHS website.

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: I need to terminate rights of a father who hasn't seen,his kids in 7 yrs and $30,000 behind child support. Help me plz

He hasn't seen them or spoke to them in 7 years. They are 12 & 13. And tbey both want my last name. I am married again been with him for 10 years. We have a son. He doesn't pay support and he is $30,000 behind. He refuses to pay. Has never been given or even asked for visitAtion.... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should contact an attorney to discuss doing a step-parent adoption. They are very common. Based on these facts, it appears you have grounds to terminate the father's parental rights or he may agree to the adoption.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: In Tennessee can my boss fire me for telling one of my employees that I work with how much I make an hour ?

I told one of my employees that I work with what I make an hour , they ended up telling my boss and I was fired over it . I have read some articles about pay secrecy being illegal and can not fire me over it . Is his true ?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

It depends on your employer. You should consult an employment lawyer if you feel that you were fired illegally.

1 Answer | Asked in Criminal Law and Child Custody for Tennessee on
Q: what say in court if your 18 in dcs as a jj

what to say in court if 18 in dcs as a jj

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should be polite to the judge. You should have an attorney represent you if at all possible. You should focus on the progress you have made on your treatment plan.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: how do get out dcs at 18 if your a jj

how do get out dcs at 18 if your a jj

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You can ask the court to release you if you have completed your treatment program. Otherwise, the court can keep you until you are 19. You should consult an attorney who is familiar with juvenile justice matters to review all of the facts in your case and advise you regarding your legal options.

1 Answer | Asked in Child Support for Tennessee on
Q: I divorced in 2012 child support was ordered but I have never recieved any payment nor does he see the child ..

What are my options ? Would they force him to pay all the back pay

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should contact an attorney to pursue the payment of support. He could be held in contempt and placed in jail. It never ceases to amaze me how quickly they will pay when faced with jail time. You can also do a wage assignment which will automatically deduct the amount from his paycheck so... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I had a sexual relations with a girl and 6 months later after I moved she calls and says I'm the father. Due date was

Last week. I drove 12 hours back to be there and take a DNA test and now she won't let me get the baby tested to see if it's mine, I want to be there for my kid if it's mine, how can I get a test done to see if I'm the father?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

As my colleague said, you need an attorney to file a petition to establish parentage. The court will order a DNA test be done. If she doesn't follow the court's order, she can be held in contempt. The sooner you act the better.

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