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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Davidson county consider NONcustodial kid N child support,White county does not,why diff. rules per county under 1 state

Davidson county consider non custodial child ( child living at home through new marriage) in child support. But White county does not consider the non custodial child- they must be biological child through the marriage. Why does the rule change per county with the state of TENNESSEE?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

The child support guidelines take non-custodial children into account if you are paying support for them. If the White County court did not take this into account, then it may have erred. You should consult an attorney to see what your options are. Time is of the essence. The time for appeals... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: When do an employee need be notified about schedule change??
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

There is no amount of time prescribed by law.

1 Answer | Asked in Child Support for Tennessee on
Q: I recently moved to TN from AZ with my kids, I never filed to receive child support, how do I go about that now?

The father is living in AZ. We had an agreement in the beginning and he used to pay me bi-weekly, and I signed receipts for him, but I haven’t received anything in 6 years, my son is 7. There is no legal custody agreement or anything, he isn’t even on the birth certificate, not because I... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You can contact child support enforcement here in TN. They should be able to help you with the process. You can find the information here: https://apps.tn.gov/tcses/help.html

1 Answer | Asked in Divorce for Tennessee on
Q: Husband & I have been on/off for 4yrs. He would come & go when he wanted. We moved back in together last yr but he move

Out soon after after promising to stay because I couldn’t afford the new place by myself. I had to get 2 jobs to pay. Wasn’t able to get enough $ up to move again. Even after this I let him back into my life again. He has always accused me of cheating which I did not do. Since July has treated... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You can try. The problem you are going to have is that you can't get what he doesn't have. You can certainly list the cost as a marital debt in the divorce. Best of luck.

1 Answer | Asked in Constitutional Law and Elder Law for Tennessee on
Q: How far in advance does a house need to be signed over in TN before the state can take it for nursing home payment?

My father's health is going down. Can he sign his property over so the state can't take it?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!

1 Answer | Asked in Employment Law for Tennessee on
Q: If a employer has offices in 2 different counties can they pay you different rate instead of overtime if you have

Worked in excess of 90 hours between the two locations in the same week?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

That depends on a lot of facts not included here. You should consult an employment attorney to review the facts and determine your legal options.

1 Answer | Asked in Civil Rights and Juvenile Law for Tennessee on
Q: My son was assaulted on school grounds but when I go to file for assult I was asked for 77$ to file

Is it right for the victim to be charged to file charges against the offender

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Did you report it to the police? If they file, they are not charged. No, it is not right at all. There may be a way to have the alleged perpetrator pay for the filing fee if he is found guilty.

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Internet Law for Tennessee on
Q: Is it against the law in tennessee to record the birth of child without the mother's consent (who happens to be a minor)
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

If you mean issue a birth certificate, then yes. The mother cannot opt out of having a birth certificate issued.

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: my brother thinks im lying when i tell him that i saw a lawyer and paid good money to ask him to help me

have my adult stepson locked away because of his mental illness.. the lawyer told me the three questions a judge would ask and my stepson could answer every one of them.. brother thinks that I should pay the 28 hundred dollars and try anyway.

what are the questions a judge would ask my... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

He will ask if your step son wants to hurt himself, wants to hurt someone else, and can he care for himself in a way that would not put him in immediate danger. He will also need to determine if your stepson has a mental illness or a serious emotional disturbance. Another option to consider in... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: I work night but have a grandparent living with me. Can she get the our 7 year old all weekdays becuase I work nights?

She doesn't work she is disabled and keeps her right now because I work night for the over nights can I get my daughter if I have a grandparent to watch over her when I am at work.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

That is a complicated question. How is she disabled? Can she care for the child? If you work nights, do you sleep all day? When would you actually be spending time with the child? You should consult an attorney and discuss all of the facts to determine your legal options.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I'm 16 I want to live with my dad My parents were never married and they never went to court for custody How do I get it
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Under TN law, your mom has sole custody of you unless they have been to court. If you want to live with your dad, your dad will have to petition the court for custody. If your mom agrees, then it should be fairly easy. If she doesn't then, your dad will have to give the court a pretty good... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Can I give up custody of my son to the state if I have tried all options to get him help first?

He is on meds, goes to fortwood and is having a lot of behavior issues. He has been to laurel heights, tried youth villages and nothing works. Also group homes won't take him because he's too much of a liability for them. I'm running out of places for help and with my husband... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You should consult an attorney first. I know you may think that you have tried everything, but there may be more options other than putting the child in foster care. There is also a mechanism to put the child in foster care voluntarily that will let you take him out any time you want to. DCS may... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: My nephew is not wanting to be living with his father any longer. Can I get custody?

My nephew is 11 almost 12 and he is alone the majority of his tine at his father's house. As his father works in another county and does not get home until 9pm. He is not happy there what so ever. He wants to live with me from now on.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You can file for custody. It would help if the father agreed. You don't mention the mother, but she would possibly have a say as well. If the father doesn't agree, then you would have to show that his work schedule rises to the level of neglect. Is the child properly supervised? Does... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: If my daughters father comes in and out of her life for monts at a time & pays no CS. Can he legally take her from me?

He calls or text every few months. When he does he is rude and makes threats. My daughter doesnt have a relationship with him because he is very inconsistent. I don't do drugs. I have a stable home. A degree. Nothing on my background and he is the complete opposite. He keeps saying a highly... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

I can't think of any, but it would be impossible to say without knowing all of the facts. It sounds like his is just trying to be a bully and is blowing smoke. If you are worried though, I recommend that you consult a lawyer.

1 Answer | Asked in Child Custody for Tennessee on
Q: What specific rights are given to a designated Primary Residential Parent?

In my ongoing case (ex filed for full custody when I advised him that I was remarrying) & after an exhausting 7 months so far.... the ex has changed his mind after our signed mediation agreement 5 months ago about a few things and when his attorney typed up the incorrect paperwork, is wanting... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

There is a new case regarding parental relocation that deals with primary residential parent status. That could be what they are going for. The PRP is given preference in a parental relocation decision as far as where the kids go. If you have the children more time than he does, then the court... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: I am in the middle of a divorce and my children are in my parents home. What can I do to regain custody of them.

I am in the middle of a pretty bad divorce. Me and my wife are estranged and our daughters are staying at my parents in Memphis. My ex-wife gave up her rights to the girls and my parents basically made me do it for temporary time sake so that they can be on my parents insurance. Now I am beginning... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You should consult an attorney to look at what your legal options are. If you are not clean yet and have not demonstrated sobriety for some time, your chances are not great of getting custody, but you may be able to get visitation. The best way to know what your options are though is to consult... View More

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: Do I have to let the father of my nephew see him if he is very behind on child support?

I have custody of my 4 yo nephew. His father has lived in Ohio since right after he was born. He recently showed back up and hasn't paid his child support in several months. The father and my sister had visitors agreement set in child support court when my nephew was born. They were never... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

That depends on what the order says in the custody proceedings that gave you custody. If the court ordered visitation was between him and the mother, then maybe not. Also, if he has been away that long, you can go back to court to stop his visitation until some therapeutic visitation occurs to... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Raising two grandkids dad just Abandon them.he's mad because he can't claim them. can I get emergency custody

I know he is on drugs.I am afraid

That he may try to take the kids.

If his ultimatem is not fulfilled.

I don't care if he claims them.

I have to keep the kids safe.

Please I am worried about the

Welfare of these two boys.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You need to get custody of them or he may be able to take them from you. I recommend that you contact an attorney to help you. Best of luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: my husband filed for divorce in the wrong jurisdiction. We separated in a different county and he does not live in the

same county as me. I have a final default hearing tomorrow and have consulted an attorney. I'm trying to get the order vacated or possibly modified because my ex is withholding the kids from me completely. I thought that the proposed parenting plan would be put in place when i defaulted but i... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

It is likely, but you need a lawyer to move to set aside the default quickly.

1 Answer | Asked in Child Custody for Tennessee on
Q: If unwed parents are separated in Tn. Is the father allowed to pick up child from school or daycare without mothers perm

Father keeps on picking up daughter without permission from mother from daycare. Daughters age is five. Told day care no and they said can release to either parent. Have not been to judge yet to determine custody.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

No, they should not do so. Tell them to look at Tenn. Code Ann. 36-2-303: "Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother."

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