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Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... View More 
answered on Sep 14, 2021
Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.
Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or... View More
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... View More
answered on Sep 6, 2021
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... View More
answered on Sep 4, 2021
Yes the court can make you take a hair follicle drug test before visitation.
My case has already been prepared and I do not want to have a continuation. I just need to make sure I file this correctly, and understand the exchange of evidence process so I do that correctly. I want to avoid running into any technicality issues over filing mistakes and I only have 3 business... View More
answered on Aug 26, 2021
I highly suggest you try to find another lawyer. I am not sure if your matter is in VA or TN or if this is a divorce or custody case. Usually, in TN, if an attorney steps down you can show up at the next scheduled hearing and inform the judge you will continue pro se. However, I do not know all... View More
I’m her only child, she’s been divorced for 30
Years. She lived with me the last 8 months for health reasons. The checks are all under $100 like from xfinity and insurance and apartment deposit. How do I cash them? Is there a form I can get to show along with her death certificate?
answered on Aug 26, 2021
Is mother's estate in probate? If so, then you will have it go through the estate. If not, did she have a checking account that you have access to?
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
answered on Aug 18, 2021
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... View More
His wife wants to adopt my son he's 16 year old n she's saying I can go to jail for abandonment n other charges if I don't sign the adoption papers
answered on Aug 15, 2021
If the judge took your rights from you via a Termination of Parental Rights proceeding, there is no need for you to sign any adoption paperwork. You are no longer the parent when the judge takes your rights away.
answered on Aug 12, 2021
A stepparent can perform the adoption; however, a grandparent cannot. If you do an adoption, you would be adopting as your own child. Maybe persuade your son to go through the process.
The man who I thought was my child's father ended up not being her father after an home DNA test was conducted. We had her name changed right away to her biological dad's last name but we thought his name would automatically go on her birth certificate and it did not... the man who I... View More
answered on Jul 27, 2021
I would need to know how to you change the name and on what documents.
Generally, you would need to get a order from a juvenile court Judge to establish the bio dad as the legal dad and request the judge to change your child's name. Once you get that, you will be able to change birth... View More
Can’t afford a lawyer. Will DCS make her go back home. She is terrified to go back
answered on Jul 24, 2021
Usually if there is abuse of a child involved, I would recommend filling Emergency custody petition with juvenile court or Chancery Court. However, I would need to get more information as to why the child was living with her father in the first place, etc. I would strongly suggest you reach out... View More
A friend is being charged for domestic assault for cops showing up at a house twice when she wasn't there by the state.
She has an arrest warrant and is being threatened by her parents that if she doesn't turn herself in, her stepfather won't drop the charges after she is in... View More
answered on Jul 21, 2021
This would be a criminal law issue. However, the friend should definitely turn herself in. Also, have friend to get in contact with a bail bondsmen.
I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... View More
answered on Jul 15, 2021
Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... View More
To my understanding the maternal grandmother is controlling how much time he gets to spend with his child- the grandmother doesn't have legal/ sole custody of the child.
answered on Jul 14, 2021
Generally, grandparents do not have a say over the actual parents' wishes. However, there are other factors/facts that can play a part in deciding this. You will definitely need to provide more information to make this determination. I would suggest you contact an attorney who helps with... View More
My XMIL has custody of my biological daughter. She transferring custody back to my x wife. They have a date court date for the transfer, but I have not been served anything. I have sent several emails to their attorney requesting service but she doesn't respond. My guess is she plans to... View More
answered on Jun 23, 2021
There are no reasons unless your rights have been terminated in a previous proceeding. They can also allege that they have tried to find you but have been unable to. Just make sure you show up to court saying you dispute this matter if you want to dispute it. I also urge you to get an attorney... View More
I considered it abandonment. I posted the information to contact me. Nothing. They pulled a mattress and boxes if other junk out and left it in the rain. They also left the door open with the key in it. I locked it and a month later I put their stuff in storage. Now they're threatening to have... View More
answered on Jun 23, 2021
I would suggest providing them with the belongings you put in storage. As far as the abandonment issue goes, I would need more information before I can advise.
Tenant violated the same clause in the lease multiple times in less than 6 months. Tenant wanted to negotiate vacating the premises and LL refused. LL filed formal eviction in the court and tenant was served. Tenant vacated property 2 weeks later. Tenant is countersuing for deposit and lawyer... View More
answered on Jun 23, 2021
This matter will be heard regarding the deposit. If you can prove why you are withholding the deposit, then the attorneys fees will be a non-issue and will likely be dismissed.
My husband has raised and provided for her since she was 2. And her biological dad is signing rights over tomorrow I just am unsure what we need to bring and her biological father needs to bring.
answered on Jun 23, 2021
It sounds like you will need to go through an step-parent adoption process. Of you contact the court clerks office of your jurisdiction, they will tell you what forms you need.
The party without the 401k does not want any of it and we are in agreement that it is not to be divided.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... View More
answered on Jun 23, 2021
If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.
My ex mother in law has custody of my biological child and I still have all my rights. She is attempting to give custody back to my ex wife and I inadvertently found out the date.
I'm thinking I'll just show up and request a continuance based on the fact I wasn't served and... View More
answered on Jun 23, 2021
Definitely show up to court and advise the judge that you were not served notice and that you need time to either hire a lawyer or file any answer.
answered on Jun 23, 2021
You may get in trouble with your parents; however, only your boyfriend can get in legal trouble if he is 18 or older.
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