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Questions Answered by Johnny Quitman Rasberry
1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Is an unmarried minor automatically emancipated if she gets pregnant?

Not married, still living at home, 17 years old.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jul 6, 2020

The simple answer is no.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can I get my daughter taken of I don’t have a job right now but her paternal father does? She’s has everything.

I had a baby 7 months ago and I’m not ready to go back to work yet My boyfriend works and pays the Bills and gets everything we need I have a 6 year old daughter with my Ex and he and his girlfriend have jobs with me not having a job and staying home with my children make me an unfit parent and... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jun 3, 2020

Just because you are unemployed does not in itself make you an unfit parent. You have to engage or allow a child to be danger of severe harm to be declared unfit.

1 Answer | Asked in Divorce for Tennessee on
Q: If I filed for irreconcilable difference but was given and found proof of adultery after the filing can I change it

I received a recorded phone call from his girlfriend of 1 yr. I had no idea he was having an affair when I filed. How can I change my filing or how does that work exactly to add the adultery? Tipton County, TN

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jun 3, 2020

If you filed for divorce, had him served and he has not answered, then yes you can amend your complaint by filing an amended complaint for divorce. If he has filed his answer, then you must file a motion with the court to amend the complaint. If you have an attorney, then the attorney can do this... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: What kind of document can I file in juvenile court in Tn, to get custody of grandkids. I live in Ky.

Granddaughter said uncle has been touching her. And dad has violent temper. Granddaughter sent text begging for help. Only reason Cps didn’t give them to me, was because I’m in Ky. But only one hour away.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 29, 2020

Retain counsel in the TN jurisdiction with family law experience. File a dependency and neglect petition and ask for a protective custody order. Most likely a home inspection will be required, but it is not impossible. Get an attorney. Good Luck to you.

1 Answer | Asked in Family Law for Tennessee on
Q: My marriage was never consummated. He married me to try and get citizenship while being untruthful about It. Anullment?

He has abandoned me and I want to have this marriage annulled. How long would this take to get done? Will I need him to sign? I don’t know where he is. He could be back in Palestine.

I really need help with this. Any information would be greatly appreciated.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 28, 2020

If your marriage was never consummated, then that is a ground for an annulment in Tennessee. You should seek a local family law attorney who has experience with your situation. If the marriage was a result of fraud on his behalf, you can report him to ICE. You can find their information at... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: childs mom on drugs and neglecting him, I want to take him away with me, what should I do, and can she stop me.

We’re not married, and I’m on the birth certificate as the father, I want to take him out of state. We will be living with family until I can secure a job and housing. I’m about to file for emergency custody, is there anything I should know that would help me keep my child

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 27, 2020

If you believe your child is being abused and/or neglected by mother's drug abuse then you are a mandatory reporter and required under law to report it. The Tennessee Child Abuse Hotline is 877-237-0004. You need to retain a local seasoned family law attorney to file a petition for dependent... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Hello, dhs sent me the wrong paternity test and had made me believe that the wrong person is my babies father for weeks

They sent me a paper saying a man was my babies father and I got a letter today saying they made a mistake and he in fact is not after about 3 weeks. I told the father and who I thought was my sons grandmother and they were so thrilled. Now I have to tell them he isnt. Is there a way to sue over... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 23, 2020

I am really not sure what your question is. You need to inform them that DCS sent the letter to you.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: How do you justify that a home is "otherwise harmful to you" in terms of getting emancipated?

I have all the other necessary requirements: job, money, living situation, maturity, transportation, etc., but if my parents don't agree to emancipation, how do I justify that it is necessary for me to be emancipated? I know it is, but how is it objectively determined? In other words, when I... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 23, 2020

As a minor, you cannot file the petition yourself. You must have some adult or what is referred to as a "Next Friend" file it for you. It can be anyone familiar with your circumstances.

1 Answer | Asked in Child Support for Tennessee on
Q: If my son turned 18 in August, graduated HS in December, why do i still pay child support in May?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 22, 2020

If you have arrears, then child support will still taken to satisfy the arrears. If you have not arrears, then you need to move the court to stop the child support. I suggest you consult with a local family law attorney for your best options. Many times, even if there are no arrears, you will have... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: My question is am I legally responsible as a Surrogate Decision Maker for financial occurrences incurred by the Patient?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 21, 2020

I am not sure what you mean by surrogate decision maker. Are you referring to SURROGATE DECISION MAKING FOR INDIVIDUALS WITH MENTAL RETARDATION

OR MENTAL IMPAIRMENT RELATED TO DEVELOPMENTAL DISABILITIES?

1 Answer | Asked in Child Custody for Tennessee on
Q: I was awarded custody of my 7 year old great grandaughter by juvenile court.what do I need to do to give my daughter

Custody if anything should happen to me.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 21, 2020

Was your daughter, the grandmother of the child? If so, was she considered for placement before you? The reason I am asking is if she was considered for placement or custody by the court and rejected, it will make it more difficult. If she was not considered by the court, and you feel comfortable... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: My ex owes back pay on child support ,curious to find out if his stimulus check would be intercepted ?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 19, 2020

If your child support is paid through the state of Tennessee, then it is very likely his stimulus check will be intercepted. If the child support is from a divorce and it is paid directly to you his check may not be intercepted.

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?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 19, 2020

Mr. Tennison is correct. You need the assistance of an experienced family law attorney. If you are in the state of Tennessee, such an attorney can assist you in obtaining an ex-parte' order and an order of protection to secure your safety and quiet enjoyment of you home. If you are in... Read more »

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Daughter's friend kicked out of her mother's home she is 17. Asking to move in with us. What are steps to make legal?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 19, 2020

You are in a precarious situation. Harboring a runaway is a crime and if the mother wants to vengeful, she could make that argument. If you believe, as you question suggest, failure to provide for a minor is neglect and abuse. Everyone in Tennessee is a mandatory reporter for neglect and abuse. The... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Diversion Program

Can a diversion program be extended? If you was in a diversion program and completed all task before the deadline, but failed to stay out of trouble can the diversion be extended?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 15, 2020

Need a bit more information before your question can be addressed.

1 Answer | Asked in Family Law for Tennessee on
Q: Is running away from home at 17 in Tennessee illegal? If not, can the parent make her child come home?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

Running away as a minor is never legal. Unless you are in danger at home, then yes, she can make you come home. If you are abused at home, you need to let someone know.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Mr Denison

Would a lawyer be able to attempt to work some kind of an agreement in lieu of a dvo to prevent me from not being able to possess a firearm due to my job?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

I can only assume that DVO means a domestic violence order. There are exceptions if what you are referring to is an order of protection action, however you need the assistance of an experienced family law attorney. Do not respond with any specifics of any allegations as social media such as this... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Paying support for years w/o a court order just by verbal agreement with other parent.

I have paid support on my child for 10 years with no C.O. Other parent is denying visitation now. If I take other parent to court and they find my support order should be more will I be held in arrears even though other parent never filed motion for child support in 10 years.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 13, 2020

I hope you did not pay her in cash with no receipts. Currently, the Courts are instructed to only go back 5 years without a specific finding it should go back further. Additionally, if you have not be deemed to be the legal, not only the biological father of the child, then you must legitimize the... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: In Hamilton County Tennessee, what do I need to do to terminate child support payments?

My ex-wife and I share 1 daughter who is turning 18 and graduating high school both in May 2020. I pay monthly child support directly to my ex-wife per our divorce agreement. Is there a form I can secure somewhere and file with the court along with appropriate fees - or - do I need to secure an... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 11, 2020

You cannot simply file something with the Court. You would need a motion to get an order terminating the child support. If there is an arrearage, then payments would continue to be taken. Your best course of action is to consult with Hamilton family law attorney who can take care of this for you.

1 Answer | Asked in Divorce for Tennessee on
Q: In an Agreed Divorce with irreconcilable differences, do I have to include pensions I am not eligible to receive yet?

For example, I am 58 years old and I am not eligible to receive my Navy reserve retirement until after I turn 60. Will this prevent me from filing an Agreed Divorce and will I have to disclose this on my financial statement to the court?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 11, 2020

I do not know of anything to prevent you from filing for divorce. However, your retirement is an asset just as a 401K. I suggest you retain a local experienced family law attorney. You do not want to fall afoul of the court regarding failure to fully inform the court of your assets as this may... Read more »

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