Questions Answered by Johnny Quitman Rasberry

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

2 Answers | Asked in Divorce for Tennessee on
Answered on Mar 11, 2017
Johnny Quitman Rasberry's answer
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 was properly plead.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 4, 2017
Johnny Quitman Rasberry's answer
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.

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

1 Answer | Asked in Probate for Tennessee on
Answered on Jan 31, 2017
Johnny Quitman Rasberry's answer
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.

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

1 Answer | Asked in Adoption, Child Custody and Child Support for Tennessee on
Answered on Jan 31, 2017
Johnny Quitman Rasberry's answer
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.

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

1 Answer | Asked in Child Custody for Tennessee on
Answered on Jan 25, 2017
Johnny Quitman Rasberry's answer
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 marriage is a product of the marriage and your husband will have a legal claim to the child. The only way to bring this issue to closure is to file a petition in juvenile court to establish paternity.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Jan 23, 2017
Johnny Quitman Rasberry's answer
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 putative father would have to come forward, be tested and the court would have to make a determination that it is in the best interest to have your rights terminated. I suggest you contact a seasoned...

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Jan 23, 2017
Johnny Quitman Rasberry's answer
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 best to secure a divorce. I am not sure what part of Tennessee you are in, however, I suggest you retain a family law attorney in your area to help.

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.

2 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for Tennessee on
Answered on Jan 23, 2017
Johnny Quitman Rasberry's answer
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 marriage to bring the case. You could bring an action in juvenile court to establish paternity, but that would a determination of child support would most likely also ensue. You need the help of a...

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.

2 Answers | Asked in Family Law and Criminal Law for Tennessee on
Answered on Jan 23, 2017
Johnny Quitman Rasberry's answer
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 proceeding.

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

2 Answers | Asked in Child Custody for Tennessee on
Answered on Jan 23, 2017
Johnny Quitman Rasberry's answer
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.

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

1 Answer | Asked in Domestic Violence for Tennessee on
Answered on Jan 12, 2017
Johnny Quitman Rasberry's answer
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.

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Answered on Jan 10, 2017
Johnny Quitman Rasberry's answer
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 local seasoned attorney and disclose all of the facts in order to receive qualified advice.

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

1 Answer | Asked in Child Custody for Tennessee on
Answered on Jan 10, 2017
Johnny Quitman Rasberry's answer
I think you need to check your citation. You can view the TCA free at http://www.lexisnexis.com/hottopics/tncode/

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

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Answered on Jan 10, 2017
Johnny Quitman Rasberry's answer
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 made as to who the real legal father is. In your question you indicate that the biological father of your one year old child is a recently released convict who is must register as a sex offender,...

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Dec 8, 2014
Johnny Quitman Rasberry's answer
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 stopping the child support on your son.

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

1 Answer | Asked in Family Law for Tennessee on
Answered on Dec 8, 2014
Johnny Quitman Rasberry's answer
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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