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Tennessee Child Custody Questions & Answers
0 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Tennessee on
Q: My son was taken because of failed drug test his dad passed but I failed no drugs was present no abuse just allegations

No abuse no drugs allegations made by neighbor who was trying to intermediate me into telling where his wife was all documented even a police report to prove this only I failed drug test father did not no drugs in home and wasn't under influence at the time. 22 days after son was removed he... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Can someone who has only temp custody go against a court order?
Anthony M. Avery
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answered on Nov 18, 2024

Yes, happens all the time. An interested party can ask for contempt or custody of the child.

1 Answer | Asked in Child Custody, Divorce and Criminal Law for Tennessee on
Q: Assistant coach suspended til further investigation in Tennessee allowed on school property he was 17 at time

He turned 18 and have police body cam of her and him at her house with granchild sleeping in next room

Anthony M. Avery
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answered on Nov 11, 2024

What is your question? If you think there is a crime involved, then report it to LEOs.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: My hair follicle test came back, but on the bottom of the page it says specimen date incorrect, will that still sta cour
Anthony M. Avery
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answered on Nov 11, 2024

Any drug positive result will be used against you. Your lawyer can cross the DCS or LEO that is putting it in, but a positive result is bad.

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
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answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My unmarried partner and I decided to part ways. We have a child together who was born in San Francisco CA. We moved to

Tn in 2017. His name is on the birth certificate in Ca. He is staying in Tn and my daughter and I are going back to CA. What are his paternal rights? We also bought a house together where his mother gifted us 100k for the down-payment. Since we are parting ways, his mother wants to take my name off... View More

Anthony M. Avery
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answered on Sep 12, 2024

Are you on the Deed as a grantee? Hopefully you are a tenant in common of an one-half undivided interest. If so you can sue for Partition if there is sufficient equity in the property. Being signed on the Deed of Trust and Note does not make you an owner, just liable for debt.

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Small Claims for Tennessee on
Q: Can I sue my bf for emotional distress and property damage I'm 2 months pregnant I'm depressed and can't eat
Anthony M. Avery
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answered on Aug 22, 2024

A paternity action and child support will be in order after the child is born. A criminal vandalism charge may be in order now, but a criminal record might hurt your obtaining child support later.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Tennessee on
Q: Who has custody if the judge removed from mother and placed with grandfather then took from him but did not place them

I lost custody of my children in 2017. They were bounced around a few times and ended up in the custody of my dad for a couple years. He got sick and just sent them to live with my sister in another state. Well when I petitioned the court to get them back the judge denied me because of a cluttered... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you are in a very challenging situation, and it’s understandable to feel frustrated with how the court has handled things. If the judge did not place the children back with your father or officially grant custody to your sister, it appears there may be a gap in the legal custody... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have a hearing for default on July 1st. I filed for a motion to dismiss. Do I still need to go?

The hearing is for a motion to default. I was unaware I needed to respond originally. However, it is for custody and the jurisdiction should be Texas although filed in TN. The child in question is 4 months old and has never been to TN. I filed for a motion to dismiss but am not sure on if I still... View More

Anthony M. Avery
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answered on Jun 27, 2024

You are obviously confused and risk losing custody. You or your lawyer must file an Answer to the Petition. Now you may have to go to Court to keep the Default Judgment going down. Which State has jurisdiction is a major issue which you are about to lose.

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can a lawyer notarize a document he was paid to draft and file on behalf of his client ?

In a parental agreement ejudication

Anthony M. Avery
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answered on Apr 15, 2024

Yes

1 Answer | Asked in Child Custody for Tennessee on
Q: Is it constitutional to have to pay a supervision fee to see your child?

I was ordered to supervised by a third party agency visitation. It is$75 for a one hour visit. Resulting in unnecessary financial strain on me if I want to visit my child. How is this legal?!

Hannah Burdine
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answered on Apr 6, 2024

It depends. While true, that interference with parental rights is interference with one of the fundamental sticks in the bundle that composes our liberty interests, the rights of the child to be safe and secure also must be weighed against the parents rights. There shouldn’t be supervised... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: can i put court over custody of my kid off until i can get a laywer because the court will not give me a laywer.
Anthony M. Avery
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answered on Feb 19, 2024

No...Either hire an attorney or represent yourself.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: In what type of situation can a father get custody to changed from mother to himself?
T. Augustus Claus
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answered on Jan 11, 2024

In Tennessee, a father seeking to change custody from the mother to himself would generally need to demonstrate a substantial and material change in circumstances that directly affects the child's well-being. The court's primary consideration is the best interests of the child. Situations... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: If there is no parenting plan or custody order, do I need to let the others parent know that I’m moving?

This will be to a new city within the same state?

T. Augustus Claus
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answered on Jan 10, 2024

In Tennessee, if there is no existing parenting plan or custody order in place, and you plan to move to a new city within the same state, you may not be legally required to inform the other parent about the move. However, it is generally advisable to communicate openly and honestly with the other... View More

2 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

T. Augustus Claus
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answered on Dec 14, 2023

Whether Tennessee can establish jurisdiction over an ongoing custody case in Kentucky depends on factors governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Typically, the state where the child has lived for the past six months holds jurisdiction as the home state. In... View More

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for Tennessee on
Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits.... View More

James L. Arrasmith
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answered on Nov 28, 2023

I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and...
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