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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Can a judge order me to do something in my girlfriends custody case, if I was not present in court and was never served?

The judge ordered me to take a hair follicle and ordered no contact with her daughter until it's done. But I was never in court. My name was not on the intital complaint, and I was never served any type of papers saying there was an order against me. I'm confused as to how this is even... View More

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

The judge can order this done before the child can be in the home with you, but could not hold you in contempt for not doing it. The long and short is that it is up to you to do it, but your girlfriend will not be able to have your around her daughter until you comply.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Tennessee temporary guardianship legal technicalities...help.

Can someone with temporary guardianship of a child under five years old legally take the child out of state for two weeks without informing the parent of the child?

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

It depends on what the order says, but most likely yes.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: I’m 15 an my dad has full custody of me if he gives me to the state where will I go if I cant even be around my real mom
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

I am not sure why you can't be around your mom, but she would be a part of any legal proceedings where your dad "turns you over to the state." If your dad does that and your mom can't take you, the state will first look to see if any relatives are willing to take you. If not,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Would the father of my child get equal rights as me?

A few months ago I pressed charges for domestic assault against my ex-boyfriend. He is the father of my son, and I was going to file for child support; however, would he be able to get the same rights in custody/parenting time as me? To clarify, would me filing for child support give him these... View More

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

Child support and custodial rights are two separate issues. You filing for child support would not automatically give him access or decision-making rights to your child. However, if you do file for child support, in my experience, he is likely to seek custody/visitation with the child. You... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: OK Feb this year started keeping 6 yr old boy for a very god friend that was sick mother had given full custady to him

Father takes son mother gone then father dies in July I still have child I. Dec pit court for cust out in Jan does mother have and rights and herd from help support or nothing

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

I am sorry I don't understand what your legal question is. It sounds like you are on the right track to petition the court. I recommend that you have a lawyer to assist you with this though.

1 Answer | Asked in Child Custody for Tennessee on
Q: If my mother name not on my birthcertificate how can the state gives temporary custody of my daughter to her

Without them knowing who this lady is. And how can they give her my child if she has gotten all 8 of her kids tooken and not supposed to be around kids period

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

The court may not be aware of the problems with her history. You definitely need an attorney to help you get your kids back. Best of luck!

1 Answer | Asked in Child Custody for Tennessee on
Q: My son is in TN, he's 16 and wants to come live with me in Arkansas now, do I need a lawyer, do I need to file for custo
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Yes, you need a lawyer. Even if his mom agrees, you will still need to go to court to change custody and set child support. Best of luck!

1 Answer | Asked in Health Care Law, Libel & Slander, Family Law and Medical Malpractice for Tennessee on
Q: Need help with lawyer for daughter in sevier county Tn.for dcf and malpractice suit on hospitals.
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

The are experienced attorney who can help your daughter. You can find them by searching here or other sites. She needs a lawyer as soon as possible. Best of luck!

1 Answer | Asked in Family Law, Civil Rights and Medical Malpractice for Tennessee on
Q: Need a lawyer out of Tn my daughter babies were taken after taking her new born son to hospital for bruise on his leg

Hospital told daughter his leg broken so dcf involved Ofcourse.I was there for birth of baby at hospital so was friend of ours and we took pictures and found pic of where u can see baby leg broken at birth.I want help for my daughter please.dcf want polygraph.and she needalegal advice and... View More

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

Your daughter should contact an experience attorney who is familiar with child abuse cases. She needs help in the current case before she thinks about suing. The earlier in an investigation that she hires an attorney, the better off she will be. Best of luck!

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: If I have rights - guardianship over a child can I on down the road file for adoption In TN ???

I previously had rights , the biological grandmother has the child but wants us to adopt him , but can I get wrights for now then adopt him ! Or is it true you can’t adopt after having wrights ???

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

I am not sure what you mean by "rights". If you mean custody, then you would have to obtain custody of the child in order to adopt. If you mean guardianship rights, it gets more complicated. Either way, you should contact an experienced attorney to help you.

1 Answer | Asked in Adoption for Tennessee on
Q: If the biological mom gives up all her rights to her son in court, does the step mom HAVE to adopt the boy?

This is a TN case. My daughter has been told she has to adopt her step son.

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

No, it is completely up to her if she wishes to adopt. The biological mother can surrender her rights to the child, but will still be obligated to pay child support until or unless the child is adopted.

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: Child's father has had no contact in two years, can we move from Tennessee to Florida ?

He is on the birth certificate, we were never married, and have never been to court. My fiance (I have a child with) wants to adopt her , but we have both been offered great career opportunities in Florida near family and my step baby. We could finally afford to start the court process once there... View More

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

If you have never been to court and the father has no visitation rights, then you are the sole custodian of the child and do not have to notify him under the parental relocation statute. Once you are in FL, you will need to be there for 6 months before you can begin adoption proceedings. Best of... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: I'm 18 and still on juvenile probation until April 1st of 2018. I'm planning on moving out, will this cause any issues?

I am graduated from high school and my mom is okay with me moving out. I have a place to stay and will be able to cover rent and pay for the things that I need.

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

You need to check with your probation officer before you move out. He or she will want to know where you are moving and check it out to make sure it is an appropriate place for you to live.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can I leave the house at 16 if my parents are abusing me?

My mom is extremely abusive, and I'm always worried she's going to snap and hurt me one day. I have a job and go to school, so I'm almost never home anyways. If I stayed with a friend for a bit, would I get in trouble or would they be able to force me home even if they haven't... View More

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

If you have been abused or neglected, you should tell a counselor or adult you trust and report it to DCS. If your parents choose to report you as a runaway, they can. The law requires that you obey your parents until you turn 18--unless a court says otherwise. Best of luck!

1 Answer | Asked in Family Law, Juvenile Law and Child Custody for Tennessee on
Q: I’m 18 and still in high school can my parents call me a run away if I want to move out and send me to jail ?

I’m trying to move in with a friend, i simply told them I was going to move in with them, me and my parents got into a big fight and my dad said “if you leave this house I’m calling the police and turning you in as a run away “ every time I tried to leave they would push me back and say the... View More

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

You have to be under 18 to be a runaway. You are legally capable of moving wherever you like unless your parents have conservatorship or guardianship over you. Your parents, however, can refuse to support you. When you leave, you cannot take anything with you that might reasonably belong to your... View More

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Tennessee on
Q: I got truancy court for my daughter what will happen

I moved out of state the school was informed i was not in the state i moved back and started enrolling my daughter in k12 but because there was lack of communication i got a call from truancy put here in public school amd was told i had to go to court for truancy

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

You will go to court. The judge will ask the school system how many days the child has been absent. The judge will ask you why the child was absent and if you have any doctors' notes to excuse the absences. The judge may ask DCS to open a case if they are worried about your ability to care... View More

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: Could a child that is 17 and a runaway, resurface from being one after he or she's 18th birthday

In the state of Chattanooga a friend of mine is a runaway, he thinks that once he turns 18 the state wont leave him alone, what should I tell him

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

Once he turns 18, the court loses jurisdiction to prosecute him for runaway which is a status offense (offenses that only apply to minors). However, if he commits any crimes or has any other charges against him (or was on probation), the juvenile court can exercise jurisdiction over him until he... View More

1 Answer | Asked in Car Accidents and Juvenile Law for Tennessee on
Q: Can a policeman question a 16 year old if a parent is not present at an accident?

Son had a wreck and there was damage to a house. The police put him in handcuffs and questioned him before a parent was contacted and present. Is this legal?

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

Tennessee law does not require parents be present during police questioning.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Is it technically possible for an 8 year old to be charged as an adult for murder in TN.

I just read an article that TN is one of some 13 or 14 states where there is no minimum age for children to be charged as an adult. This means that children of any age could possibly be sentenced to hefty and extremely severe punishments in TN such as life imprisonment. Is this true?

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

An 8 year old could be transferred to be tried as an adult for murder. I am not aware of any case where that has occurred. I am not aware of any cases where an 8 year old has been charged with murder in the juvenile system either, but I do know of a couple of cases involving 10 year olds.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Is it legal for a 17 year old to date someone who is 13 it’s a 4 year difference and I didn’t know how all that works
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Date, yes, with her parent's permission. Kiss, touch, or have sex with--no. The 4 year age difference is grounds for statutory rape and other sex offenses. I highly recommend that you not date someone when there is that amount of age difference.

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