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Questions Answered by Johnny Quitman Rasberry

2 Answers | Asked in Divorce for Tennessee on

Q: If i don't agree on everything in the divorce papers, do I still have to sign them?

Johnny Quitman Rasberry answered on Mar 11, 2017

As a general rule, no. But there is not enough information contained in your question to be able to provide a better answer. If what you are objecting to is a matter of law required by statute, then maybe not. It all depends on what you are objection is. You can always go to trial if the complaint... Read more »

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1 Answer | Asked in Child Support for Tennessee on

Q: Do you have to pay child support in Tennessee if your right have been terminated and the kids are being adopted

Johnny Quitman Rasberry answered on Mar 4, 2017

If your child or children are being adopted and your parental rights are being terminated, then you will not owe ongoing support. Arrearages and back support are still owed and will be collected.

1 Answer | Asked in Probate for Tennessee on

Q: My father passed away and he left a large sum of money to his sister and not to my brother and I and we are the sole air

Is there any way we can get it from her because I think she influence him

Johnny Quitman Rasberry answered on Jan 31, 2017

Immediately contact a wills and estate lawyer in your vicinity. There is a way to elect against a will and you will need assistance from legal counsel to see it you have a case.

1 Answer | Asked in Adoption, Child Custody and Child Support for Tennessee on

Q: My childs mother and I are in agreence on this matter... We want to terminate my rights to my biological daughter.

I have one question that we can't seem to find a definite answer on. Is it REQUIRED that we have lawyers?

Johnny Quitman Rasberry answered on Jan 31, 2017

A person in Tennessee cannot agree to have their parental rights terminated absent a Stepparent Adoption and Termination of Parental Rights case being filed with the Court.

1 Answer | Asked in Child Custody for Tennessee on

Q: Live in Jackson seperated but not divorced pregnant by boyfriend. If DNA test is done before birth can he go on cert.

Husband knows its not his and doesnt want responsability. He lives in North Carolina and will not come to TN.

Johnny Quitman Rasberry answered on Jan 25, 2017

You need to do this the right way. If the dna shows that your boyfriend is indeed the father, that will not be the end of the issue. If he is the father, then he would not be lying if he is allowed to sign the birth certificate. However, there is a presumption in the law that a child during the... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: I recently found out my 11yr old son is not biologically mine. can my ex wife force me to sign over paternal rights?

We were married at the time he was born and have a 14yr old daughter together. I have legal custody of both children

Johnny Quitman Rasberry answered on Jan 23, 2017

There are several questions that need to be answered before a valid answer can be given. When were you divorced? How do you know your son is not your biological son? A person in Tennessee cannot simply sign away parental rights, it takes a court order. She would have to take you to court, the... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: Been seperated for over 7 months and pregnant by boyfriend. Husband knows child isnt his how can get boyfriend on cert.

Im in TN and husband will not come to sign a parental denial.

Johnny Quitman Rasberry answered on Jan 23, 2017

In Tennessee, a child born during a marriage is presumed to be a child of the marriage. If he refuses to cooperate, he could be held liable for supporting the child. It is in his interest to make sure someone else is held to be the father. In order to keep this from happening again, it would be... Read more »

2 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for Tennessee on

Q: My abusive husband and I split 4 years ago. No divorce. I got pregnant at a party in Sep 2015. I am unsure of father.

I met my now boyfriend when pregnant. He has raised the child as his since he was born. When I divorce and it is proven that my husband is not the father can my boyfriend voluntarily acknowledge paternity? Or would he have to adopt considering he is not really the paternal father either? What are... Read more »

Johnny Quitman Rasberry answered on Jan 23, 2017

First, your boyfriend cannot lie and sign a voluntary acknowledgement of paternity, that would be a crime. If you marry your boyfriend, then a stepparent adoption and termination of parental rights can be brought, however, in some parts of the state, the courts may make you wait a year after the... Read more »

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2 Answers | Asked in Family Law and Criminal Law for Tennessee on

Q: Is it legal for adults (4 in household with 2 children under age of 5) to smoke inside the home? All the adults smoke.

this is my 4 year old grandchild I'm worried about

Johnny Quitman Rasberry answered on Jan 23, 2017

Mr. Grefseng is exactly on point. There is no law forbidding smoking in a private residence. However, a judge can determine if the exposure is harmful. This would have to be brought up in a custody (or if the effects are serious enough and proven with admissible proof) a dependent and neglect... Read more »

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2 Answers | Asked in Child Custody for Tennessee on

Q: are custody and divorce lawyers concerned with what is best for the client or the children ?

going through a divorce now and my wifes attorney is now aware that she has a history of rehab and mental health issues . Can i count of her attorney to do the right thing for my daughter or the right thing for her client so she can rack up "wins "

Johnny Quitman Rasberry answered on Jan 23, 2017

Your wife's attorney is not your friend. That attorney has an ethical obligation to do everything possible under the law to secure for her every possible advantage. If you do not retain counsel then you are setting yourself for a very bad outcome.

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1 Answer | Asked in Domestic Violence for Tennessee on

Q: Can I get in trouble after I have completed what court ordered me to do and it was thrown out of court

Ok my bondsmen is telling my family I have to turn my self in on a bond but I went to my Frist court date completed the anger management i was ordered to complete and the case was thrown out of court so what do I do

Johnny Quitman Rasberry answered on Jan 12, 2017

You need to find out if there is a warrant issued against you

If there is you must turn yourself in. You need to contact a local attorney before you do

But you must move now.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on

Q: I live in TN, my husband filed for divorce it's been almost 2 years in the court.

We had sex recently, but husband has not shown interest of stopping divorce. Can it be stopped because we had sex? What is the law in TN pertaining to this situation? Thanks

Johnny Quitman Rasberry answered on Jan 10, 2017

I need more information to be able to address this question. Information such as what grounds were alleged, do you and your husband live together, etc. The issues you raise are condonation and whether you and your husband have or still reside in the same home. You need to seek the advice of a... Read more »

1 Answer | Asked in Child Custody for Tennessee on

Q: What is the Tennessee code Ann 306-2-604(a)?

Johnny Quitman Rasberry answered on Jan 10, 2017

I think you need to check your citation. You can view the TCA free at http://www.lexisnexis.com/hottopics/tncode/

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: An un-wed couple in TN have a child 1yr ago, the father signed the Birth Certificate but nothing else has been done

They breakup and the Mother moves to another state. The father files a neglected child report and a few weeks later files an ex-parte restraining order and injunction with false claims the mother absconded, missed child Dr. appt.

He also claims that he fears she may be around her... Read more »

Johnny Quitman Rasberry answered on Jan 10, 2017

Yes, it could work. That is why you need to retain the services of a local seasoned family law attorney. There seems to be several things operating that are not clear in your question. First, there is a statute governing relocating with a child to another state. Second, a determination must be... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: I have a divorce decree which states I have to pay until 11/2014. CS said i still have to pay although i have no arrears

The decree was from my 1998 divorce my son turned 18 March 28, 2012 and my daughter 11/12/2014

Johnny Quitman Rasberry answered on Dec 8, 2014

If your child has not graduated from high school, then you are still on the hook. Given that your order is a Tennessee Order, then you should not still have to pay for your son. However, the state will not stop voluntarily. You need to consult with a local family law attorney about getting an order... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: Childs father is not on the birth certificate what are his rights

My child's father is not on the birth certificate if he does not prove she is his does he loose his rights to Her ?

Johnny Quitman Rasberry answered on Dec 8, 2014

His rights are not perfected until his files for a judicial determination of paternity in the case of a child born out of wedlock.

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