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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Child Custody, Child Support and Libel & Slander for Tennessee on
Q: My name isn't on the birth certificate, does not have my last name, mother has full custody, and i dont see him. Help?

His mom has full custody, she wouldnt let him have my last name even though we agreed if it was a boy i got to pick the name but when we found out it was a boy she wouldnt let pick the name against out agreement therefor i never signed the birth certificate. She let her at the time ex boyfriend... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

It sounds like you need a lawyer to help you establish paternity and potentially seek custody of your son. If you prove through DNA that you are the father, the court may order that the child has your last name.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Should I drop the order of protection?

My husband and I got into a spat and I filed an order of protection aganist him and he is facing 3-6 years in prison and I just want him to get help for anger problems. Should I drop the order of protection before we go back to court so that way it looks like we are working things out and the court... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

I am not sure that is a legal question.

1 Answer | Asked in Child Custody for Tennessee on
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?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

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... View More

1 Answer | Asked in Divorce for Tennessee on
Q: What is the legal term to file in divorce papers if you have no property or money and only have debts in your own names?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

There is no legal term unless you both agree that this is the way that the assets and debts should be divided. If that is the case, then it is an uncontested divorce. You should still consult a lawyer and not try to do it yourself.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: my boyfriend is 15 and turns 16 july-16. i just turned 19 is it legal for us to date?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

If there is less than 4 years between your ages (sounds like it from the facts here), then you cannot be prosecuted for statutory rape. However, you may have other risk of liability for dating a minor if his parents are opposed or if you engage in other behavior like drinking or taking drugs... View More

1 Answer | Asked in Probate for Tennessee on
Q: Is a 401k part of a estate to be divided among beneficiaries

My father recently passed and we are dividing up the estate between me, my sister and his new wife of 2 years. Is my father's 401k considered part of the estate and subject to be divided among us

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

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.

1 Answer | Asked in Family Law for Tennessee on
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

I was never married to the father of my daughter. He proved paternity in court and was allowed by the court to put his name on the BC but there was no court order to change her name on the SScard which is my maiden name.

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

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... View More

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: If a minor is emancipated, can dcs still have authority over them as a minor?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

Yes, they can. If the minor is a dependent/neglected child or if the child commits a delinquent act, then DCS can be involved.

1 Answer | Asked in Family Law for Tennessee on
Q: I signed for my daughter to get her license at 16. She is 19 now, recently moved out.

Am I still responsible to keep car insurance on her til she is 21

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 15, 2018

No, but if you own the car she is driving, you will be responsible for insurance on the car.

1 Answer | Asked in Family Law for Tennessee on
Q: Can judge grant biological father last name change?

My daughter was born during my marriage in TN, she automatically got my husband's last name. As I first got pregnant biological father never believed the baby was his. So my husband stepped in and accepted her. Who will the judge go in favor of? My husband doesn't want her last name... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

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.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Tennessee on
Q: What do you tell the judge if your son pulls a gun on you he is 15

15 year old son pulls a knife first then a gun on dad and tells him he will kill him then the only way to get out the situation is to defend yourself by punching the teen and then he dropped the gun so now your being charged with abuse/neglect

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

You shouldn't tell the judge anything. You should have an attorney do the talking. You need to hire an attorney as soon as possible or ask that one be appointed to represent you.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband divorce me for abandonment when he is the one who abandoned us?

We have been married for 23 years. Last May we were having trouble paying for our house. I found a cheaper place to rent and we agreed that I would move there with our children while he spent a few months fixing up the original house to sell. We were still together as a couple, going out together,... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

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... View More

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: What are some things I need to know before my first court date?

My children have been in foster care in TN for 2 years now the case is going in front of the appeals court as we speak. I have not seen them since April of last year. DCS is now going for child support I have a 1 year old at home and I'm 34 weeks pregnant I only make 10.80 which comes to 420 a... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

The child support guidelines take into account the amount of money you make and the number of other children in your care. Theoretically, that will leave you enough to care for the other children, but it will be difficult. You should talk to your lawyer to see if they can run the child support... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: What paperwork do I need to file to take my ex to court to get custody of my 17 year old son
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

It depends on what orders previously gave him custody to begin with. Most likely, you would need to file a petition to modify the parenting plan. This is not an easy thing to do without a lawyer. I recommend that you hire one.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can a seventeen year old two months away from being eighteen move out of a toxic, abusive home legally?

A seventeen year old girl who is an early honors graduate from high school, is currently a full-time employee at her job and is treated very poorly at home. DCS has been involved multiple times but they dismiss the case due to lack of evidence. She has severe clinical depression and is supposed to... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

She would first need to file for emancipation. If she is fully supporting herself and has a place to live, the court might grant emancipation. If not, she is legally required to obey her parents until she is 18.

1 Answer | Asked in Family Law for Tennessee on
Q: Is it likely to change conservators or terminate conservatorship if the individual has a relative to care for them now?

My older sister received a conservator due to mental disabilities, when she aged out of the foster care system. I am now of age and reliable enough to take care of my sister as I pretty much do already. Is it likely to take over conservatorship or terminate her conservatorship so that she can live... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

You can certainly ask the court to make you her conservator. Unless her condition has improved, I doubt they would dissolve the conservatorship. If you are just 18, I am not sure the court will find that you are mature enough to serve as conservator. Have you asked her current conservator about... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: I’m 17 ,charged with simple possession,drug paraphernalia & when court came up the judge switched me to the circuit 1?

I was just curious because they were both misdemeanors and I was in juvenile court , I have been to court to him before so he does know me but he shouldn’t transfer it??

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

Did you have a transfer hearing? If not, he could not legally switch you to criminal court. You should consult an attorney.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Im primary residential parent still asked to pay child support eveb if I pay everything the kid's expenses

Why do I have to pay child support just because she cannot afford things for the kid she chose to work at Wal-Mart and have a low income even if she is a certified accountant and she can do better. She was the one who left the marriage and abandon me and our child.

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

The child support calculations could have taken her voluntary underemployment into account. Was that issue raised? Unfortunately, the child support calculations will require PRPs to pay child support if the calculations show that the ARP is entitled to it. It doesn't happen often, but it... View More

1 Answer | Asked in Child Custody for Tennessee on
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

About leaving with her she doesn't have a fit place to take her the legal father is,homeless what can I do to get temp custody of her till her mother can provide a stable place

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 13, 2018

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.

1 Answer | Asked in Divorce and Civil Rights for Tennessee on
Q: Hey i am from memphis tn my husband is trying to putme out the house we are married can my husband put me out?

i have two kids and we where married before we got the house and can i stop him from putting me out the house

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 13, 2018

You might be able to stop him. You should consult an attorney.

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