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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Child Custody for Tennessee on
Q: What steps need to be taken when both parents agree to a change in custody? Child is 10. Currently lives with mother.

Mother has trouble parenting mainly with discipline, admittedly. Child is punished more often than not (grounded, no phone, TV, etc) Issues are normal attitude/argumentative stuff. Father has an approach which works better but still providing discipline. Living conditions are fair with mother, but... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

The parents should consult an attorney to draft the agreed modification to the parenting plan. The court will still need to make a finding that the change is in the child's best interest.

1 Answer | Asked in Child Custody for Tennessee on
Q: My childs father has had no contact with my child for over a year. Do i still need to send the request to relocate?

We have no custody arrangements. I've never filed child support.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

If you are not married and there is no court order giving him visitation rights, then you don't need to notify him since you have sole custody.

1 Answer | Asked in Family Law for Tennessee on
Q: My girlfriend is still married but she is pregnant with my baby. Will my baby get my last name? We are in Tennessee
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

That depends on the hospital where the baby is born. Technically, the hospital is not supposed to put any father on the birth certificate except the woman's husband if she is married, but sometimes it happens. The mother's husband is the child's legal father until a court says otherwise.

1 Answer | Asked in Estate Planning for Tennessee on
Q: How do you get a Power of Attorney over someone in a coma in TN? He's been in a medically induced coma for 24 days.
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

You don't. The person in the coma would have to be awake and alert and sign the POA. You will need to seek conservatorship of the person in a coma in order to make medical and other decisions for that person. I would consult an attorney to help you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: The father is behind in child support. He agreed 100weekly. But is wanting to change it. Will a lawyer represent him?

CPS has been called on myself 2 times. What are the chances of the court giving the kids to the father?

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

Child support and custody are two separate issues. He is entitled to an attorney in child support court if he is facing criminal contempt. The fact that CPS has been called is not usually a factor in custody decisions. The court wants to know what CPS found after they were called.

2 Answers | Asked in Family Law for Tennessee on
Q: How do I take my child's father's name off the birth certificate?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

You can have your child adopted by a current husband; prove through DNA that the father is not the father; or petition to do a name change. All of these would require notice to the father on the birth certificate.

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1 Answer | Asked in Family Law for Tennessee on
Q: How do I change my son's last name?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

That depends. If you want the child to be adopted by your current spouse, then the adoption order will change the name. If you want to change the child's last name to add the father's name, then the father will need to agree and sign a voluntary acknowledgement of paternity. Then vital... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can I live abroad with my child if his father is on the birth certificate but my husband lives over seas.

We have no court order and have never been married just married to my husband now we have a child together. I want to live abroad with him. Can I move with my older son without his father's permission or getting into trouble since I have never been married to him but he's on the birth... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

If there is no court order giving the father custody or visitation rights, then you can take the child where you want as far as the Tennessee courts are concerned. In TN, if you are not married, then you are the sole custodian as long as there is no order saying otherwise.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: If a 14 & 16 year old run aways from a Youth Village home, stays ranaway for several days, breaks into several houses

by taking knives and guns. Hiding from the law. Does the sheriff's office have the right to lock them up & keep them in jail until they can find a placement youth facility that can securely keep them within in the facility or should they be returning to the original youth village until trial?

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

They can hold them in juvenile detention, but not jail. They can hold them until the charges are resolved, but most likely will return them to DCS prior to that happening.

1 Answer | Asked in Libel & Slander and Child Custody for Tennessee on
Q: What are my options when my girlfriends ex husband is using false claims from his family and friends against me in court

My girlfriend is going through a custody battle with her ex husband. He has taken the kids away from her because of false accusations of absuse from people I have never met before on his side of the family and has tried to use statements from them in the court.. most of the claims have been... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

You have no legal options related to the custody case. Your girlfriend does. She needs a lawyer. You may have a defamation cause of action but an attorney would need to review more facts than you have included here to advise you.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Does my 2 daughters aunt have any rights? My mother who has custody of my daughters has full discretion of visitation.

There mother didnt show up in court and the judge gave full discretion of visitation to my mother. The mother of the children are on drugs and hasnt seen the children in over a year. My mother has had very minimum help from her family and they only ask to see the kids every couple of months. And... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

No, the aunt has no rights unless the court has given her joint custody or otherwise designated her to care for the children. The custodian of the children can, however, delegate authority of the aunt to care for the children or help her care for the children. She is also not required to help... View More

3 Answers | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: Can my 17 yr old grandson who is in juvenile detention since 02-16-2018 and turns 18 tomorrow be now tried as an adult?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

It depends on what the charges are and when the charges occurred. The DA will have to seek transfer from juvenile court to adult court before he can be tried as an adult. The fact that he is turning 18 does not change the offense until the juvenile court decides on transfer.

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Landlord - Tenant for Tennessee on
Q: In Greene county tn is there such a thing as defiant trespassing? If so what Tennessee code would it be listed under?

My adult niece whom has never left home (19yrs old) refuses to move out will not help with bills and refuses to clean up after herself and her dogs. She is even throwing furniture meant for trash in the yard instead of hauling it to the dump in her pickup truck. She is verbally abusive to her mom... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 18, 2018

Your sister can evict her. She will need to provide her notice and file a detainer action if she doesn't move at the end of the notice. She should consult an attorney to help her.

1 Answer | Asked in Divorce for Tennessee on
Q: I live in TN. I want a divorce from my estranged husband. He said he would sign the papers. Now is backing out.

He has been sending me threatening text about coming for me. He is an alcoholic and bipolar. Our children who are of age does not want anything to do with him. We do not have any property together. All he has to do is sign. He will not tell me where he is. Do I still need him to get a divorce.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 18, 2018

No, you can divorce him without him signing the paperwork. It is more difficult, but it can be done. You will need an attorney to help you though. It is more complicated when the parties don't agree.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband move out of the house during the divorce without hurting his case?

I filed for divorce on the grounds of irreconcilable differences, inappropriate marital conduct, and habitual drunkennes. I'm a housewife, and we have two children, aged 6 and 10. My husband is determined to stay in the house until the divorce is final. He said his attorney advised him not to... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 18, 2018

His attorney advised him to stay so that you can't say that he abandoned the house and use that as a reason for you to keep the house in the property division. There may be other ways to get him out of the house though. You should consult an attorney if you don't already have one.

1 Answer | Asked in Child Custody and Probate for Tennessee on
Q: does my child have to finish out probation he got at 17yrs old now that he is 18
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 17, 2018

If it was for a delinquent offense, yes. If it was for a status or unruly offense, probably not. You should consult an attorney just to be sure though.

1 Answer | Asked in Child Custody for Tennessee on
Q: Child custody

I was born in Tennessee. I am 17. A couple months ago I moved to Guatemala with my family. I want to come back to finish my 12th grade school year. I am going to live with my aunt, she will provde me food and shelter. I was wondering if she could sign me up for school without having to fill any... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 16, 2018

She may be able to enroll you in school with a power of attorney for child care. You can find that form on the internet. Some school systems do not accept a power of attorney (even though they should in my opinion). If the school system won't take the power of attorney, then she might need... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: If I have full custody and my court papers one over night visit a week as agreed by parents what does it mean
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 16, 2018

Without seeing the exact language, I would say that the other parent is supposed to have one overnight visit per week. The two of you would need to agree on the date. This type of language is usually included in custody orders where a parent works nights to accommodate the parent's work schedule.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: My son mom never shows up to court for custody and child support hearings. I want custody and he lived with me for 2 yrs

His mom has custody right now. I didn't find out that he was my son until 2 years ago, when she dropped him off at my house. Since then, he has lived with me, I've enrolled him in school, he has spent all holidays with me, and hasn't seen his mom in at least a year and a half.... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 16, 2018

You need an attorney. If she has notice of the hearing, then you may be able to proceed without her there.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: From Knox. TN. 29. We have a almost 2yr old. How does the child tax credit work if ur separated but never been married?

I ask because I've been told many times that in Tennessee the Woman has presumptive custody if they're not married. Not much sure about my rights as a unwed single mom. Thank You :)

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 16, 2018

If there is no court order saying otherwise, the mother is the sole custodian of the child if the parents are not married. Unfortunately, tax laws rely on who cared for the child more days in the year. You should consult a tax professional to see who is entitled to claim the child.

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