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Questions Answered by Paul E. Tennison
1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I paid a contactor to put new roof on. Leaks worse. His insurance says won't pay for bad workmanship. What now?

Insurance says WILL pay for internal damage due to the poor workmanship. Contractor has been saying he is at fault and will fix, but it's been 11 months and I still have tarps on my roof.

Paul E. Tennison
Paul E. Tennison answered on Mar 27, 2020

You could sue the contractor. He breached the contract by performing a job that failed to achieve the desired result of a repaired roof. I recommend you consult with an experienced attorney and examine your options in detail. You may be better off if you act quickly. The statute of limitations is... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: Do I need permission from Scott safety to make an adapter that fits their equipment?

I am looking to make an adapter that fits to a Scott face mask that firefighter can use to put a filter in to protect the first responders from the coronavirus. I’m worried there may be an issue with making an accessory that connects to their facemask and I’m not sure if it’s a patented... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 26, 2020

What you are attempting to do seems admirable to me in helping firefighters be able to safely continue their important work in the wake of the coronavirus pandemic. You are correct that there could be patent issues relating to this. This article I came across discuss potential patent infringement... Read more »

2 Answers | Asked in Child Custody for Tennessee on
Q: If my wife left me with the kids when she walked out on me what can I do?
Paul E. Tennison
Paul E. Tennison answered on Mar 25, 2020

You should consider consulting with a family law attorney. From what you have described above, you likely have grounds for divorce based on inappropriate marital conduct or something similar. You could use irreconcilable differences as the fall back no-fault ground. If your Wife is intending to... Read more »

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Are the Churches in Tennessee mandated to close? If so, what law supports this. If not, what law protects the Churches?
Paul E. Tennison
Paul E. Tennison answered on Mar 24, 2020

This issue is one that could be litigated. Under current precedent it is not entirely clear if the government can force churches to close. State and local governments have police powers that allow them to regulate through generally applicable laws for public welfare. This extends to the power to... Read more »

2 Answers | Asked in Child Custody for Tennessee on
Q: Can you lose your kid cause of the baby sitter selling drugs even if you were unaware?

My son was took my his grandmother she got emergency custody cause she took pictures and said that the baby sitter was selling drugs . How can I regain custody

Paul E. Tennison
Paul E. Tennison answered on Mar 24, 2020

Your best course of action is to consult with an attorney immediately. A baby sitter selling drugs while she was watching the child is a big problem. It seems quite opportunistic that her grandmother would be there to take pictures when this happened. You will need to file something with the Court... Read more »

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1 Answer | Asked in Copyright for Tennessee on
Q: Can I have a Business Name, LLC different from my Trademark Brand?

I want to be Legally Registered with my Business Name, LLC but my domain name and product Trademark to be a different name. Is this possible? Also, what legal issues do I need to worry about and any other added information would be amazing. Im selling clothes and the name is a little edgy and dont... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 23, 2020

I recommend you consult with a business attorney to discuss in greater detail. In general, you could register an LLC as a certain name and use another moniker to denote the business. This is fairly common practice, many businesses operate and trademark certain names while the LLC could be something... Read more »

1 Answer | Asked in Sexual Harassment for Tennessee on
Q: I’m experiencing sexual harrement at work and I recorded the man it was my only proof because he is a preacher

Will I be in trouble for recording him saying very inappropriate things

Paul E. Tennison
Paul E. Tennison answered on Mar 16, 2020

Is this for TX or TN? TN is a one party consent state so you can record a conversation even if he is unaware. You would need an attorney licensed in TX to answer that question regarding TX law. Also, you should consider consulting with an attorney regarding the sexual harassment you have been... Read more »

1 Answer | Asked in Libel & Slander for Tennessee on
Q: I was let go from my job today, stating I made too many mistakes. From my first day, a co-worker who was supposed to be

My back up and train me deliberately only gave me half answers so I would make mistakes, was exceptionally rude in tone and gestures, and would tell lies about me while not helping me ever. My VP and my manager both asked me how I was getting along with her when I first started which should have... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 12, 2020

You should consult with an attorney. You have several options here. Some of which you said you do not want to pursue. One option is to send your former co-worker a demand letter threatening to sue her if she talks about you with others. That may help in this situation. Overall, you should discuss... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: what are my rights for visiting with my son? i have custody but he lives with my brother in law. i have custody.

the brother in law says he cant come home for spring break.

Paul E. Tennison
Paul E. Tennison answered on Mar 12, 2020

Is there a parenting plan or other court order in effect regarding the child? To be understand this issue, you should consult with a family law attorney and bring all relevant documents to the consult. Good luck.

2 Answers | Asked in Car Accidents for Tennessee on
Q: Someone else drove my car and was involved in an accident and now MY license is getting revoked?!

They say I’m financially equally responsible since the car is in my name.

Paul E. Tennison
Paul E. Tennison answered on Mar 12, 2020

There may be more facts that could be relevant here. Was the person driving the car with or without your permission. I recommend you consult with an attorney experienced in traffic tickets and car licensing issues. Good luck.

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1 Answer | Asked in Family Law for Tennessee on
Q: I had guardianship of husband with mental illness and TBI in Minnesota since 2013. We have moved to Tennessee last July

how do I get guardianship here or maybe I don't need it here. I am his rep Payee and he has signed Power of attorney and last will in front of notary a few months ago. Also health care directive in front of witnesses.

Paul E. Tennison
Paul E. Tennison answered on Feb 19, 2020

You should consult with an experienced attorney. Tennessee has a conservatorship (guardianship of an adult), similar to what you described in Minnesota. In a conservatorship court proceeding, the court would determine if a conservator should be appointed. A conservatorship may not be necessary if... Read more »

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: Who has legal ownership of dog living in home with no electricity and owner been in jail since Jan 18?

I live in Sweetwater, TN and have become aware of a dog, Mia, living in a house in Sweetwater with no electricity. Mia's owner has been in jail since Jan. 18 and a family member is feeding her and taking her out to potty twice a day. Upon her owner going to jail, the police told the family member... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 19, 2020

Based on the facts as you describe them, the owner who is in jail still owns the dog. The family member seems to be taking care of the dog on a volunteer basis. The family member may be able to argue the owner abandoned the dog, if that argument is successful then the family member would be the... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: If I had my house before we were married and my husband wants to claim it . Can he do so in a divorce

My husband just up and abandon me on January 1st. of 2020 and has been living with another female and now wants to take control of my house even though he does not stay there. What can I do.

Paul E. Tennison
Paul E. Tennison answered on Feb 17, 2020

I recommend you consult with a local Attorney. I am not sure which law applies here as you posted in Tennessee, yet the location is listed as Texas. Assuming Tennessee law applies, the house may be your separate property. If it is deemed your separate property, it would not be awarded to your... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my son have an order of protection against my childs father. Would he get visitation?
Paul E. Tennison
Paul E. Tennison answered on Feb 11, 2020

There may be more facts that would change this analysis. However, if a child has an Order of Protection (OOP) against anyone, that OOP would trump any previous Court ordered parenting plan. The person with a valid OOP against him cannot exercise visitation with the protected child. The OOP should... Read more »

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: If someone told me my dog bite them because he was running loose in their yard, do they have to show proof my dog did it

My dog will not stay in the yard and I don't believe in chaining them up, only makes them more territorial and mean. I had a man come to my house and tell me that he was bitten by my dog because he was in his yard, does he need to show proof that it was my dog that bit him or will the court system... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

If there is no other witness and the man claims he was bitten by your dog, then most likely anyone would believe that he was. Proof could be something as simple as a picture of the bite marks. If the man is willing to put on a sworn document or swear in court as to what happened, he is likely to be... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: I reside with my wife in South Korea (she is active duty) last November I flew to TN where I obtained full custody of my

Son and daughter. They reside with us in S. Korea now. My ex wife has supervised visitation two times a year. I have to fly the kids back in April for her visitation and we have the final parenting plan hearing (I currently do not receive child support it was an emergency hearing) is it fair to ask... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

You may certainly ask, that seems reasonable. However, if your ex has no job, no home, and was recently arrested I do not really see how she could pay. I recommend you consider consulting with an experienced family law attorney if you have additional questions. Good luck!

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What takes precedence, lease or law?

My family needs to break our one year lease early. Our lease states that if we were to terminate early for any reason, we will be responsible for all remaining rent due to the end of the lease, forfeiture of all deposits and fees, plus two additional months of rent. Which will equal about $15,000.... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

Law trumps the lease. There is a mitigation of damages requirement in Tennessee.

In general the reason people put language in the lease that goes beyond what the law allows is that such action is not illegal. People think with good reason that strong worded language scares people into...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Who pays court/legal fees in an order of protection hearing?

I am the respondent, the petitioner falsified everything that was used to request this order and I can prove it. I noticed one of the items she is asking from the hearing is that I pay all legal fees and taxes. If I win and no order of protection is granted, will I still need to pay the fees?

Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Tennessee has a statute where if an order of protection is granted, the respondent is required to pay the legal fees of the petitioning party. This likely means if she is successful in securing the order of protection against you, that you would be responsible for her legal fees. If you have proof... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How much does it usually cost for a uncontested divorce? If both parties aren't wanting to divide anything.
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.

1 Answer | Asked in Child Custody for Tennessee on
Q: What does it mean when you get a letter from juvenile court saying that the case be struck from the docket lack of serv
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Lack of service means the other side was not given notice of the hearing. If you are unsure exactly what the letter means, the best first step is to call the clerk's office and ask them about it. They should explain why they are taking that action. If you are unsure of how to proceed after... Read more »

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