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Questions Answered by Johnny Quitman Rasberry
1 Answer | Asked in Family Law for Tennessee on
Q: How do you get a court ordered DNA test?

I am 80 years old and have just found out that the birth certificate father is not the real father. I know the real father, but he refuses to be tested. I have written and called him. He does not reply or hangs up. What is my next step? My daughter, who is 52, is anxious to know the truth. She... View More

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

I am afraid you cannot. An action to establish paternity is governed by Tennessee Code Annotated § 36-2-306. An action to establish parentage may be brought before or after the birth of the child until three (3) years after the age of majority. Therefore, the action must have been brought on or... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: 16 yr wants to move in with my family because she is treated badly at home can she legally without parental consent
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 6, 2020

Until she is emancipated by the Court, or is subject to a dependency and neglect petition, she remains in custody, care and control of her parents. If you take in a minor without Court permission, you could be charged with harboring a run away.

3 Answers | Asked in Child Support for Tennessee on
Q: Does Tennessee not consider how much you have to pay out to live before taking child support out? Rent, phone bill etc.
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 3, 2020

Tennessee is a shared income model that compares the parties' relative gross income, the number of days each has with a child and a few other things such as health insurance premiums. The cost of living for each parent is already considered in the formation of the guidelines. We have to use... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with domestic assault-misdeamnor B (contact that was provactive and offensive). He didn't press charges.

This occurred in my office where I needed to restrain my brother who is not well mentally and has been going through a very difficult time over the last 3 years (divorce, loss of kids, loss of job, depression, recovering addict, self medicating, anger issues, etc..). I was worries about him... View More

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

No one can tell you what your brother will testify to at trial. If he is under subpoena, he has to show up. I assume there is a stay away order of some kind. Your best option is to retain counsel. That person can talk with your brother and give you a better idea of the outcome of your case.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Domestic Assult case-TN

My boyfriend has a pending domestic assault case with me (Minor bruise to the arm). Part of his bond was that he was to have no contact with me. We got back together and he moved into my house while this was pending and we got into a fight that resulted in a bruise on my arm and him spitting on my... View More

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

Yes, the Attorney General can prosecute whether you want or not. This happens all the time. The best thing you can do is to not contact him, talk with his attorney and be prepared to testify.

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I keep my soon to be ex husband out of our townhouse after he's been gone almost a month.

He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it... View More

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

You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.

1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Tennessee on
Q: If a mom used marijuana and is now going through a custody battle, how likely is she to lose custody? Never married.

I’ve used thc and cps has closed my case after successfully passing random drug screens. I failed the first one but cps still closed the case. How likely is it for I, the mother to lose custody of my 2 year old child? Also, I have proof (pictures and messages of him advertising) of the father... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 25, 2020

From your question it seems as if there is no current court case. If that is the case, then you are probably fine. If here is a court action currently lodged with the court, then you need to revise your question and add additional detail to allow attorneys to better respond. Good Luck!

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My husband’s daughter has lived with him until she was 13. She’s lived with the mom the last 2 yrs. She wants support

The mom never financially supported the cold while she was with the father. Will he have to pay? Can he get back support?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 25, 2020

I will assume from your question that mother and father were never married, because your question does not reference any previous divorce. As such, it is unlikely he will be able to get back child support as there is no current order on which to base such an award. This may be a case of no good... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I am seeking a divorce from husband after 18 yrs. We cannot agree on the amount of child support/alimony.

I would like to keep my divorce as low cost as possible, however, I want to make sure that I am getting everything due to me including alimony if possible. Can I get assistance from a legal aide lawyer for such a case?

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

Any service providing legal aid is free to pick and choose to whom they will offer services and to the extent such services would be available. In my experience, only rarely would such services be offered. Many times I ask my clients what was ever cheap about their partner, usually the answer is... View More

1 Answer | Asked in Adoption and Family Law for Tennessee on
Q: What todo if a father voluntarily terminated his rights for a stepparent adoption the mother asked for never happen?

If a father voluntarily terminated his rights after being asked by the mother claiming her current husband is wanting todo a step parent adoption then she never does the adoption then the father is left to pay child support is there away to Address the child support court with this matter to stop... View More

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

I gather from your question that you were asked to sign over your parental rights for a prospective stepparent adoption and termination of parental rights case. It is not the mother who files the petition, but the stepparent. If the petition was never filed and granted, then you are still on the... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I am a single father, never married, and have been the pro since 2012, and joint prp from2009 till 2012.

My son was born in 2006 in TN. long story short my sons mother got word in TX, which is where she lives and has lived since around 2009, that i was arrested for simple poss and on a separate date arrested for p.i. i was acquitted i think is the word for the simple poss which i was never arrested... View More

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

First, if your son has lived in Texas since 2009 and that court has exercised jurisdiction, then most likely your case is in Texas. This is really not a case to be handled on your own. You parental rights are at stake. I advise you to consult with an experienced family law attorney in the Texas... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Could I petition the court for more custody with my son

My son is 4 and the last order was when he was one, when my son attends son I will only get him every other weekend which we have such a close bond I’m the one who makes all doctors appointments, dentist and the list goes on I believe this will affect our son and of course me

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

From you question I gather you are a parent who has a parenting plan or visitation order that only gives you every other weekend parenting time. The first question is from what court was the order entered? The bottom line is a parent is always free to petition that court for a modification.... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My daughters father has never helped, doesn’t see her and we were never married. Can he object to us moving?

I have a 16 month old daughter. I’m the sole provider for her. Her father and I were never married. He does not see her because I don’t allow him to keep her alone because he put her in a harmful situation and has stopped showing up to his moms to see her. He has never helped financially either... View More

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

Your question raises two separate issues. Relocation and Termination of Parental Rights. I will address the Termination of Parental Rights first as the answer is easier. In Tennessee, a parent cannot voluntarily terminate their parental rights unless their is a Petition for Adoption and... View More

3 Answers | Asked in Domestic Violence for Tennessee on
Q: My ex boyfriend was charged with domestic abuse aggravated assault but I did not press charges do I have to go to court

I asked the cops to assist me in obtaining my possessions because my ex boyfriend refused to give them to me after an argument and he ended up leaving a bruise on my arm. I told 3 deputies I did not want charges pressed and I never did a statement or signed anything. They assisted me with getting... View More

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

The state can decide to charge him whether or not you want to have him charged. If you are served with a summons, then yes you have to go to court. Although in my experience, if the victim refuses to show up at court, the court issue a bench warrant. However, it is very possible that the court... View More

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My husband is having a trial over custody of his daughter. He is the petitioner. I got a subpoena from his ex to testify

The subpoena says to testify on her ‘behalf.’ I’m confused. I wouldn’t ever testify against my husband so I’m not sure why it says on her behalf. She basically has texts of me and her arguing. Do I have to testify or can I have some sort of spousal privilege in this case? I’m not sure... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

Yes you can be subpoenaed to appear in court and forced to testify as to the matters contained in the texts. Any other questions may be subject to the spousal privilege. You need to speak with an attorney to help you in this situation.

Tennessee Code Annotated contains the spousal...
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1 Answer | Asked in Family Law for Tennessee on
Q: Can the state of TN request a DNA test without either potential parent requesting it??

There is no father listed on the birth certificate. It "appears" that the state of TN is requesting a DNA test for a potential father, yet the mother has not requested child support or the test. The potential father is abusive and has been away for at least 2 years. It seems that the... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

If the state is involved, then yest it has not only the right but is federally mandated to take such actions. I suspect that Mother has received some state services and that brings her and the child before the court. All other issues of abuse and abandonment can be decided by the Court.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of lawyer do I need to help me obtain legal and financial benefits to help raise my granddaughter?

I have had legal and physical custody of my one year old granddaughter since she was 4 days old! The order of transfer of custody was granted in Knox County TN. But the child and I have always lived in Wilson County TN. My living arrangements will be changing in April; therefore, my financial... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

Before you do anything, you need to contact your local Department of Children's Services case worker and explain your situation. You will need permission from the Court that gave you custody to move out of state. The best option is to retain a local experienced family law attorney for assistance.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to list my minor child in my divorce if his father and I haven’t had any custody of him in 13 years
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce... View More

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: If you are told by your lawyer,"in order to keep services, pay $$ by next court date. Went to court w/$$ & lawyer said

That he wasn't going to be representing me any more. This was on the day of my court hearing. My lawyer wouldn't give me my case file or anything. What can I do pertaining to this situation?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

No lawyer in TN can retain your case file, whether or not you owe that attorney money. There are things such a lawyer can retain such as his notes and impressions. If the attorney filed a notice of appearance or represented you before the Court, that attorney must file a motion to withdraw and you... View More

2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: If my ex and my son still live with me after the divorce is final. When do I have to start paying child support?

Even if the ex wife and son are still both in my home?

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

Mr. Grefseng is correct. There is an old saying, the order is the order until it is no longer the order. If you want to change it, then you will have to petition to have it changed. However, this is not something to run out and do yourself. I advise you should consult with an experienced local... View More

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