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Questions Answered by Denania Galloway
1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years of

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... Read more »

Denania Galloway
Denania Galloway 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...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Hello, I have 2 young children and we've been living separately from their father.

(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... Read more »

Denania Galloway
Denania Galloway 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... Read more »

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1 Answer | Asked in Family Law for Tennessee on
Q: can the court make you take a hair follicle test for visitation, or do they have to use a less intrusive means
Denania Galloway
Denania Galloway answered on Sep 4, 2021

Yes the court can make you take a hair follicle drug test before visitation.

1 Answer | Asked in Family Law for Tennessee on
Q: I have a final hearing set for next week and my lawyer had to step down. How to I word/file a motion to proceed pro se?

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... Read more »

Denania Galloway
Denania Galloway 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... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: My mother passed away recently. I handled everything for her. She is receiving small checks from companies like deposit

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?

Denania Galloway
Denania Galloway 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?

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Tennessee on
Q: If I move my daughter and I out of fear for our safety when her dad has not established paternity, is there a way

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

Denania Galloway
Denania Galloway 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... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: The judge took my rights from me n my ex husband giving up his rights and his wife wants to adopt my son n he's 16 year

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

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Family Law for Tennessee on
Q: My son has a stepchild and I wondered if I could adopt her as my official grandchild
Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Family Law for Tennessee on
Q: I was told I need a parentage custody order to amend my daughter's birth certificate & put her real father on it. How?

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... Read more »

Denania Galloway
Denania Galloway 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...
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1 Answer | Asked in Family Law for Tennessee on
Q: My 14 year old lives with her father who is abusing her DCS was called. I did not return her for her protection

Can’t afford a lawyer. Will DCS make her go back home. She is terrified to go back

Denania Galloway
Denania Galloway 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... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Friend is being charged by the state for domestic assault after the cops have been called twice to the same house.

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... Read more »

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: What legal rights does a father, who is not named on the birth certificate, have?

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... Read more »

Denania Galloway
Denania Galloway 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... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Can you help my son with legal rights of getting to spend time with his child?

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.

Denania Galloway
Denania Galloway 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Follow up question. Is there anyway my opposing attorney could say I'm not a party to the case?

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... Read more »

Denania Galloway
Denania Galloway 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... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: A renter that put a camper on my property.Rent and electric hasn't been pd since 4/01/18. As of 6/02/21. Total $4,374

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... Read more »

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tenant was asked to vacate premises or be formally evicted. Tenant refused to leave. What will happen in court?

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... Read more »

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Family Law for Tennessee on
Q: My daughter is 6 her biological father Is signing his rights over to my husband. What do I bring with me to courthouse?

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.

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Edited from previous question- Does a lawyer need to be involved in divorce if one of the parties has a 401k?

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... Read more »

Denania Galloway
Denania Galloway 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.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What do I do as a pro se litigant when my opposing attorney won't serve me about an upcoming court date I'm a party to?

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... Read more »

Denania Galloway
Denania Galloway 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.

2 Answers | Asked in Juvenile Law for Tennessee on
Q: I’m 17 I live in the state of Tennessee. If I moved in with my boyfriend and go to school would I get in trouble or not?
Denania Galloway
Denania Galloway 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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