Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Child Custody Questions & Answers
1 Answer | Asked in Civil Rights, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: How can I respond to a baseless restraining order and regain custody in TN?

I need advice on responding to a restraining order filed against me based on hearsay and assumptions, which led to my children being taken away. I believe the claims are baseless and non-factual. I've received the official notice of the restraining order, and I'm concerned about... View More

Michael Gregory Floyd
PREMIUM
Michael Gregory Floyd pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2025

Good Morning:

A hearing has been scheduled regarding your case. You need to retain a lawyer .

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: Seeking legal assistance for order of protection and custody dispute due to ex-husband's harassment.

I have started a process for an order of protection through a family safety agency and am seeking legal assistance for court representation and a custody dispute. My ex-husband has been surveilling my property multiple times a week. Although he hasn’t been served with the protection order, he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It’s good that you’ve started the process for an order of protection and are seeking legal assistance. Given the harassment and surveillance you’re facing, it’s important to document everything, including dates, times, and details of each incident. This will help build your case when... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Civil Litigation for Tennessee on
Q: Looking for pro bono lawyer for visitation rights in Hendersonville, TN with parenting plan issues.

Are there any pro bono lawyers available to help me, a mother seeking visitation rights with my children in Hendersonville, TN? Although there is a parenting plan in place, the father has blocked my calls for about six months and only recently enforced child support after previously agreeing not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It’s understandable that you’re seeking assistance to address the visitation rights issue with your children. In Tennessee, you may be able to find a pro bono lawyer or access legal aid services to help with your case, especially if you cannot afford a private attorney. Local organizations like... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Does my son need a court order before attending child support meeting?

My son's ex-girlfriend lost custody of two of her children and now claims it is court-ordered for them to establish child support at the child support office. They have one child together, and he has always participated in a 50/50 arrangement, contributing to clothes, school supplies, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If your son has been following a 50/50 arrangement and has not received any formal court orders regarding child support, he is not obligated to participate in any child support meetings unless there is an official legal directive. Child support is typically established through a court order, and if... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: How to transfer child custody jurisdiction from CA to TN?

I want to file a motion to transfer child custody jurisdiction from California to Tennessee. The child has lived in Tennessee since July 2024, following a court order in May 2024 due to the mother being charged with child neglect. I (the father) have lived in Tennessee for 10 years. The child’s... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To transfer custody jurisdiction from California to Tennessee, you’ll need to initiate what’s called a *UCCJEA transfer*—based on the Uniform Child Custody Jurisdiction and Enforcement Act, which both states follow. Since your child has been living in Tennessee for over six months, you can... View More

1 Answer | Asked in Child Custody, Juvenile Law and Domestic Violence for Tennessee on
Q: Emancipation likelihood and costs for 17-year-old in TN facing mental abuse.

I am a 17-year-old living in Tennessee with my dad, who has full custody. I live in a mentally abusive home and have struggled with suicidal thoughts. My plan is to move in with my mom, who is willing to support me, and continue my education while finding a job. Social services are involved due to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In Tennessee, emancipation is possible for minors under certain circumstances, but it is not an easy process. To be emancipated, you must prove that you can support yourself financially and that living independently would be in your best interest. The court will likely consider the abuse you’re... View More

1 Answer | Asked in Child Custody, Civil Litigation and Domestic Violence for Tennessee on
Q: How to get emergency custody of son due to mother's indictment and neglect?

Is there a way for me to obtain emergency custody of my son before 6:00 p.m. today? We currently have a court order stating that we alternate custody every other week. His mother, who was indicted for sexual assault by an authority figure and has not yet been charged, neglects her children, as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If you are concerned about your son's immediate safety due to neglect and the potential for his mother to flee, you can take steps to seek emergency custody. Given the severity of the situation, contacting the court for an emergency hearing is one of the quickest ways to address the issue. The... View More

1 Answer | Asked in Child Custody, Domestic Violence and Criminal Law for Tennessee on
Q: How to request visitation with order of protection in place in TN?

I am a parent with active parental rights, but the custodial grandparent has had an active order of protection against me since 2022. I was incarcerated in 2021 for non-custodial interference and possession of drugs. Since my release in 2023, I have completed programs in two halfway houses, am now... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on Tennessee family law, your situation involves navigating both the order of protection and parental rights frameworks. In Tennessee, you can petition the court for visitation despite an existing order of protection by filing a petition to establish or modify a parenting plan in the... View More

2 Answers | Asked in Child Custody, Child Support and Civil Litigation for Tennessee on
Q: How can I include the father's income in child support calculations in Tennessee?

My child's father's mother has full custody of our daughter. I currently pay child support based solely on my income, not the father's. The father's support was reduced without my presence in court, based on a verbal communication from him. He is employed at a halfway house... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

File a motion to modify your child support with the Court that ordered you to pay.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Father seeks custody of daughter taken by grandmother after mother's death.

I am a resident of Illinois and I have a daughter whose mother recently passed away in Tennessee. Since her mother’s passing, my daughter’s grandmother took her to Kentucky without informing me, and she refuses to communicate with me. My name is on my daughter’s birth certificate, and she has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

You have parental rights as your daughter's father, especially since your name is on her birth certificate and you have provided consistent support, including insurance coverage. Although there's no formal custody agreement, legally, the grandmother cannot simply take your daughter and... View More

1 Answer | Asked in Child Custody and Employment Law for Tennessee on
Q: Can I be drug tested whenever my granddaughter's mother does something?

I have custody of my granddaughter, and every time her mother does something, I am subjected to a drug test. Is this allowed? I have not received any documentation explaining why this is happening, nor have I sought legal advice regarding these tests.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Without a warrant DCS cannot force you to give a drug test. But if you refuse, DCS will probably make an emergency motion to remove the child from your custody.

1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: How to prevent meth-addict fiancée from being around my daughter during ex’s visitation in TN?

I am concerned about my ex-husband's new fiancée, who is a meth addict, being around my daughter during visitations every other weekend. His fiancée's ex-husband has threatened to kill my daughter and myself, and he knows where she lives. I have told my ex that she should not be around... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2025

In whatever Court there is an order for visitation, make a motion to modify the order to prevent contact with her.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Can a judge order martial funds held by an attorney pending trial?

After the sale of the marital home Judge Robinson of Davidson County ordered that the funds be placed in the bank account of my attorney instead of dispursed to me and my spouse. Is this legal?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 4, 2025

Yes

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: Can my husband adopt my 13 year old son without the absent biological dad's consent?

My husband has been raising my 13 year old since he was 1 1/2 . The biological dad hasn't been in my son's life since he was 1. There was never any child support paid or established and never a custody agreement established. I spoke with a lawyer and they mentioned with the new laws of... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2025

Yes... But hire an attorney to file suit to terminate his parental rights and approve the adoption.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I am trying to voluntarily terminate my rights. Me and Mom signed parent plan and notarized it. Is this how it's done
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024

No... Hire a TN attorney to terminate your rights as a parent.

1 Answer | 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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

I'm really sorry you're going through this difficult situation. It sounds incredibly stressful to deal with false allegations and the impact it's having on your family.

You might consider reaching out to a family law attorney who can help navigate the legal challenges...
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.