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Questions Answered by Paul E. Tennison
1 Answer | Asked in Child Custody for Tennessee on
Q: How do know how far I can move since non custodial parent doesn't live in state anymore and hasn't seen kids in 3 years?

Parenting plan in TN. Non custodial parent moved out of state 3 years ago, hasn't seen kids since. I want to relocate out of state. Don't have a current address for their father. Plan says I can't move more than 50 miles from his address, but he lives in another state. I got in... View More

Paul E. Tennison
Paul E. Tennison
answered on Jun 15, 2020

I recommend you consult with an experienced family law attorney for an answer to these questions. I am sure there are ways to locate the non-custodial parent so you could send the notice to his current address. Good luck

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hibitual offender is no longer a charge. Wondering if range 2 can be changed to a 1.

Can this charge be expunged?

Paul E. Tennison
Paul E. Tennison
answered on Jun 8, 2020

There are several requirements to complete an expungement under Tennessee law. Your post does not contain nearly enough information to determine this. The Tennessee Courts website has information on Expungement here: https://www.tncourts.gov/expungements I recommend you review all of that... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can a store require me to conceal carry even though tn is an open carry state?

I went into a local Walmart, open carrying, and an employee stopped me from entering the store unless I concealed my firearm and showed me a sign with only words on it but had no Tennessee state authorization code is this legal? Are they allowed to do that when tn is an open carry state?

Paul E. Tennison
Paul E. Tennison
answered on Jun 8, 2020

Yes. It is my understanding that the open carry law refers to open carry in public places, such as when walking on public streets/sidewalks. Private businesses are allowed to restrict public display of firearms. For example, banks and courthouses do not allow open carrying weapons so you should not... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do property restrictions / covenents ever expire by State Law in TN ? A realtor once told me they are only good for 20 y

A realtor once told me they are only good for 20 years.

Paul E. Tennison
Paul E. Tennison
answered on Jun 8, 2020

I am unaware of any law that states property restrictions automatically expire after 20 years. The realtor may be correct about the specific provision s/he was discussing. In general they have no expiration period and continue to run with the land. If you have specific property law questions, I... View More

2 Answers | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need a divorce and my husband is at fault and can be destructive and violent but we live in MY home. what can I do?

I have evidence of his behavior and leaving my home is not an option. How should I proceed?

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

Contact a divorce attorney in the county you live in immediately. An experienced attorney should be able to assist you with asking the Judge to order your Husband to leave the home if such an option seems viable. At least this is true under Tennessee law. I am unsure which law would apply to your... View More

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1 Answer | Asked in Business Formation and Health Care Law for Tennessee on
Q: As a pharmacist, am I able to virtually counsel patients from other states? Are they 'virtually' in TN?

Hello, I am a Pharmacist in Tennessee, and I want to start an online pharmacist consulting business involving reviewing patient's medications, recommending optimal therapy based on best evidence, answering drug information questions and providing cost-savings by finding cheaper alternatives... View More

Paul E. Tennison
Paul E. Tennison
answered on May 18, 2020

You are likely in need of a business attorney to advise regarding these points. I recommend you consult with an attorney for detailed answers to these questions and deeper discussions of potential legal risks in this new business plan and ways you may mitigate that risk.

The law generally...
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1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Is a teacher contract non-renewal considered an involuntary termination?

I fulfilled the duties of my 2019-2020 teacher contract. However, I was informed that my contract would not be renewed for 2020-2021. I am filling out applications, and they are asking if I have ever been involuntarily terminated. Do I choose yes or no?

Paul E. Tennison
Paul E. Tennison
answered on May 18, 2020

I have not reviewed the specific form you are asking about. The form may include a definitions section that would help in answering this question. If you are requesting specific legal advice, you should consider consulting with an attorney.

In general I see termination as a word equivalent...
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1 Answer | Asked in Sexual Harassment for Tennessee on
Q: what do i do if an ex boyfriend is stalking me and putting notes on my car? i dont know how he knows where i live.

he follows me on social media from a lot of different accounts, texts and calls from a lot of numbers because i have all his stuff blocked and now left a note on my car while i was in my apartment with my family. i have never told him where i lived and i don’t know how he knows my address... View More

Paul E. Tennison
Paul E. Tennison
answered on May 18, 2020

You may want to consider taking out an order of protection against him. Orders of protection are an order from a Judge that a person will not contact or come about whoever is designated as being protected under the order. These laws are primarily designed to offer protection to victims of domestic... View More

1 Answer | Asked in Personal Injury for Tennessee on
Q: I was in Lowe's department store yesterday and a display holding large wood military signs fell on my leg cutting it ?

Do I have a claim I took pictures and made a report

Paul E. Tennison
Paul E. Tennison
answered on May 15, 2020

You may. I recommend you reach out to a personal injury attorney if you want to discuss further. In general, companies like Lowe's have a duty to ensure safety of their customers. Here, they may be liable for your injuries which may be severe if you are required to have surgery and lose time... View More

1 Answer | Asked in Contracts, Adoption and Animal / Dog Law for Tennessee on
Q: Animal rescue is rescinding an adoption contract

An animal rescue is trying to rescind an adoption and obtain a warrant to take back my puppy stating I am hoarding animals due to a dog fight on my property (5 cats & 5 dogs). I got rid of the vicious dog (foster - 6th dog) and the puppy was nowhere near the fight; kept apart from all others on... View More

Paul E. Tennison
Paul E. Tennison
answered on May 4, 2020

I recommend you consult with an attorney. In general, anyone that has a contract in Tennessee could sue the other party for breach of contract allegations. Whether there was in fact a breach is a question of fact that would be determined by the Jury (if a jury trial) if the case proceeds to trial.... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: - My fiancé &, his dad own a home together they don’t get along he wants to get rid of his part can somebody help us

We need help ASAP

Paul E. Tennison
Paul E. Tennison
answered on May 4, 2020

I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What options do I have in getting a legal joint custody order put in place, and if any, how do I begin proceedings?

I do pay child support. I have been an integral part of the child's life since birth.(9/23/2011) the only reason it's not now,is covid-19. The mother let our daughter go to "a trusted friends house", so she could have someone to play with while all of this is going on despite... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 29, 2020

You should consult with a local family law attorney. From the facts, as you describe them, it seems as if there is no parenting plan that has ever been established by a court order. If this is the case, you will likely need to file a Petition to Establish Parentage in the county juvenile court... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What is the law for citizens' arrest of an official who has repeatedly violated the Constitution?

Especially if the violation results in extended social isolation. This would discriminate against a person with a disability (in this case mental illness), provoking to harm by suicide, self-mutilation, drug overdose, or violence. What is the law here?

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

The law regarding citizens' arrest is located in Tenn. Code Ann. 40-7-109. Arrest by private person Grounds.

(a) A private person may arrest another:

(1) For a public offense committed in the arresting person's presence;

(2) When the person arrested has...
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1 Answer | Asked in Divorce for Tennessee on
Q: Is there any laws to protect mentally ill patients from being charged with fraud in divorce?

For example, ptsd can cause memory lose if a person answers the interrogatory and leaves something out, the wife is wanting to get for fraud, but what if it wasnt intentional and was left out due to the amount of stress under from the divorce, bankruptcy, and 38 million dollars in debt

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

I am not aware of any specific legal doctrine that would seem to apply in a situation as you described. Fraud is a serious allegation that must be plead with specificity in civil litigation in Tennessee. Fraud requires intent. You may be able to defend yourself by arguing you did not intend to... View More

2 Answers | Asked in Child Support and Divorce for Tennessee on
Q: I was paying child support while married to her can I get that money back. I going through a divorce

I was paying child support since 2013 and was married to her and didn't know it was illegal. We are getting a divorce and I have a lawyer. Am I able to get that money back since we live together the whole time?

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

You state that you have an attorney. Ask your attorney this question. That is what you pay him/her to do. If you feel your attorney is not adequately addressing your concerns, you are free to fire your current attorney and retain another attorney. Good luck.

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1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: In 2010, wife divorced me and moved to Ohio with son. No contact since then but still pay child support. Is this right?

She has since remarried and I believe the child has now been adopted by her new husband, not entirely sure but that’s what I’ve heard through family. I’ve had income taxes withheld, garnishments on my paychecks, anytime I apply for a loan or anything that’s one of the first things that pop... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 22, 2020

I recommend you consult with a family law attorney. You may be able to file for a modification of the child support amount if your/her income has changed by more than 15%. Which state was the divorce decree entered in? This question appears in the TN page, yet it appears you posted this question... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: If I need to submit the foreign order from GA to TN can I not file papers to do it myself?

Submitted prior ? On transferring GA custody order to TN is this not something I can do myself. When I contacted lawyer before was told I have to put down thousand of dollar retainer. I’m just simply wanting TN to hold jurisdiction if I ever need to enforce it due to the mother lives in TN with... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 21, 2020

With nearly all legal actions, you may presumably represent yourself. However, this seems to be something where you are not sure entirely what needs to occur. I believe what you are wanting to do is to change the custody order from GA to TN. This may implicate the Uniform Child Custody Jurisdiction... View More

1 Answer | Asked in Child Support for Tennessee on
Q: My husband and I have full custody of a child my husband and my name on the custody papers.

My husband left us in July 2019. We are still married. Can I file child support against my husband since he on the custody papers too?

Paul E. Tennison
Paul E. Tennison
answered on Apr 21, 2020

Most likely, No. Under Tennessee law, you cannot get child support from your married partner. You could file for divorce and then would be eligible to request child support during the divorce and after it becomes final. I recommend you consult with an experienced family law attorney in your local... View More

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: If you have a child in TN,but moving back to Alabama,how and where do I go to put myself on child support? Ala or TN?

The mother of my 2 year old and I are no longer together. I'm moving back to Mobile,Al.. I will have my daughter 2 weeks straight out of every month. Am I still required to pay the full amount of child support being that she will be with me during that time? And where do I go to put myself... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 20, 2020

I recommend you consult with an experienced family law attorney. It seems that you need to establish paternity through the court system. For more information about establishing paternity see: https://www.colelawgrouppc.com/blog/establishing-paternity-under-tennessee-law

Once paternity is...
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1 Answer | Asked in Military Law for Minnesota on
Q: Ive had cancer & suffer disability due to chemical exposure during my 20 years in Navy (77-97). Claims denied. What now?

We submitted everything including a rock solid Nexus letter from specialist and still denied. Its been 5 yrs of goibg through this process. VSO has no more suggestions or options. What can we do?

Paul E. Tennison
Paul E. Tennison
answered on Apr 20, 2020

Consult with an Attorney experienced in VA disability law. In order to determine what options you have available, an attorney would want to review all the letters you received from the VA about this and the nexus letter from the specialist. The VSO may be out of ideas, yet that does not mean... View More

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