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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Is it possible for a husband to use the mother's depression against her to get custody of the kids?

Is it possible for the father to get custody of the kids if he leaves before they get up, after they are in bed, sees them only 1 day a week? He leaves around 6a.m, never gets home before 10:30p.m.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 10, 2018

Custody decisions are complicated. The court will consider many factors. Mom's mental health will be one. Dad's schedule will be another. It will be helpful if mom is getting treatment for depression and her depression is under control. Mom should contact an attorney to help her. An... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I have a 17yo child that does not live with either of us (lives with Aunt). Can I use divorce docs. from tncourts.gov
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 9, 2018

The forms on the TN courts website don't fit this situation. You really need to consult a lawyer to help you. Many will work with you on a payment plan.

1 Answer | Asked in Divorce for Tennessee on
Q: My boyfriend has not resided with his wife for 2 years and wants a divorce what are his options?

Children are involved and she is refusing to agree to a divorce.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 9, 2018

He will need to proceed with a contested divorce if he and his wife can't agree to all of the terms of the divorce. He should consult an attorney to look at all the facts and advise him how best to proceed.

1 Answer | Asked in Child Custody for Tennessee on
Q: Do I hav right as father w/ shared custody to get children outside normal custody dates to attend funeral / last right?

I have shared custody of my 3 kids. Our parenting agreement does not address rights when grandparent of children is sick or has passed away. My ex is fully uncooperative on ANY issue not addressed specifically by agreement, and will not make any exceptions to agreement ever, no matter what. My... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 9, 2018

You don't have a right, but you can probably get the court to order it. You should contact an attorney to file an emergency motion.

1 Answer | Asked in Child Custody for Tennessee on
Q: With a history of addiction, do I have a chance of fighting for joint custody for a child in my divorce?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 9, 2018

Are you clean now? If so, you may have a chance. The court will consider many factors in deciding custody. You should consult an attorney to review all of the facts and advise you regarding your legal options.

1 Answer | Asked in Divorce for Tennessee on
Q: If my husband and I are in business together, will this prohibit us from divorcing?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

No, it happens all the time.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My husband died with a will leaving everything to me, now his sister and one of our daughters is contesting the Will

My husband and I were married for 15 years, we separated and divorced but got back together divorce Became final 11/27/17 we remarried 12/23/17, just before remarrying we both did new Wills, living Wills, power attorney ect. He passed in his sleep on January 30, 2018. His sister and one of our... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

That will be for the court to decide. You need an attorney who is experienced in contested probate matters to help you.

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: My girlfriend is pregnant with my child while getting divorced. How can I still be originally on the birth certificate?

Her ex-husband cannot possibly be the father and will not want responsibility for the baby.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

You can try to sign a voluntary acknowledgement of paternity at the hospital, but they may not let you since she is married. Since she is married, her husband is the legal father of the baby until such time as it is proven through DNA not to be his. This can be done after the baby is born. Then... View More

1 Answer | Asked in Federal Crimes and Juvenile Law for Tennessee on
Q: If you’re charged with drug possession schedule 6 and drug paraphernalia as a minor, what can you accpect to face?

Expect*

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

That depends on what your previous record is like, how you are doing in school, what your home life is like, etc. You should have an attorney represent you. If you can't afford one, ask for one to be appointed for you.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: My husbands father passed wife refuses to let my husband have anything at all. He was adopted. What are his rights.

He was injured at work. He was building a fire like he did daily. He usually doused the wood with diesel, but the can was filled with gasoline . It ignited the can and the can exploded. He was severly burned over 80% of his body. My husband was left out of the obituary . And has been treated... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

Your husband should consult an attorney. If he died without a will, then he is likely entitled to inherit along with any other siblings.

2 Answers | Asked in Criminal Law for Tennessee on
Q: In a domestic assault case does the suspect still have to be mirandized? If they weren't can the case be dismissed?

The case is a domestic abuse case, they were not mirandized, but they confessed during a conversation with the police without being read Miranda rights.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 8, 2018

If the were not in custody (under arrest) at the time they made the statements, then the statements will probably not be excluded, but either way, they should have an attorney look at all the facts and see what the best course of action for their case is. If they can't afford one, they should... View More

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1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Were still married but seperated, while separated my mother in law obtained temp custody of my son what are my options?

I've been in my sons life since day 1 he's 2 now and even though we have no court arrangement's I get my boy every weekend he's a big part of my life she has said twice in the past that I am legally able to take my son from her but recanted both times

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

You can file a petition for custody of the child. You should contact an attorney to help you.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Hey in Tennessee can they give you fake juvenile citation in middle school?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

Who is "they"? If you received a citation from anyone that directs you to contact the court or show up for court, then you need to pay attention to that.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Hey I just wanted to know can a juvenile citation blow over?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

It depends on what the citation is for, what the history of the juvenile is, etc. The best chance of it "blowing over" is to hire an attorney to represent the youth.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Tennessee on
Q: My niece was taken by child Pro. My sister told CM she does not want her brothers[me] to take custody. How can I fight

She had Ran away from her husband that they claimed sexually abused my niece and she filed a report. She ended up going back with our warning about him and losing her child to CP services but went back anyway and ofcuarse Child protection took my niece. My sister had told case management that my... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

You can file your own petition. DCS is only allow to place with a relative if a parent agrees, but the Court can place with you if the judge chooses. You should consult an attorney to help you with the proces.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I'm the primary parent. My ex doesn't have beds for my kids at her home. What's the TN state law on beds for kids?

She has money but won't buy them beds. They sleep on chairs and the floor when they're there. She also has a child with another man so when our kids are with her she puts all four kids in her back seat that only holds 3 people. What can we do? Like i said, I'm the primary parent.... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

There is no "law" regarding beds. However, you may have enough facts to seek a modification of the parenting plan given the safety concerns and lack of adequate sleeping arrangements. You should consult an attorney to evaluate all of the facts.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: I have an 11 year old daughter that is an extreme bully. Can I have an officer come out and put unruly charges on her?
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

You can file your own unruly petition at juvenile court. Officers are often reluctant to get involved. If you do, however, you should know what you are getting yourself into. The juvenile court and DCS will be sticking their nose way into your life. They may also be able to help your child get... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: Are homes considered assets when applying for medicaid? Does medicaid pay for assisted living facilities?

Tennessee resident

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

A person's primary residence is not an asset for medicaid. It will be subject to estate recovery, however, following the death of the person covered by Medicaid if they were cared for in a nursing home. You should consult an experienced elder law attorney to help you figure out how to best... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: i have a 3 yr old...i divorced mother i got custody and she got visitation one weekend a month because she lives out of

state,we went to court july 1,2016...she visited the child that july,sept,and jan 2017.she has not been ordered child support and has not paid anything.she has not sent him anything including birthdays,christmas or any kind of daily need items.she has called and talked to him about 3 times and... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 6, 2018

Unless you go to court and change the order, then the order is the order. I would consult an attorney to see if her lack of involvement is reason enough to seek a modification.

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