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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Tennessee on
Q: DCS case was dropped, foster parents now trying to keep him. What do I do.

I've passed all drug screens, taken all the classes, pay everything I'm supposed to, my baby will be 2 soon. The foster parents are taking me to court to try to get me to sign over my rights. I have been going every Tuesday to see my baby as long as the visit isn't canceled by the... View More

Anthony M. Avery
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answered on Aug 16, 2023

Hire an attorney to represent you, and make weekly payments if necessary. They are trying to terminate your rights permanently. You need a counter-petition for custody filed. If you lose, be ready to appeal.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Wife went behind my back and had mail forwarded and lied to her lawyer and said I was served when I wasn’t then a defaul

Default was filed without me knowing anything and the final decree was today and I had no idea until she text me

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to move to set aside the default judgment for cause.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee on
Q: Pro Bono Needed Please!!!!!!

I have recently been through heck and back since February of this year, My mom passed March 13th 2023 also, but my child’s father has not seen or talked to my daughter for 7 or so months, we have a court order for child support since 2017 . The last payment received was 12/12/22. When they try to... View More

Henry Ambrose
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answered on May 30, 2023

Go to the local Child Support Office and take all your court orders about your child with you. They may be able to help you. If that does not work out, contact Legal Aid. You may be able to get a pro bono lawyer.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can my past probation officer now be in charge of my current DCS case. Was probation officer over 12 years ago.
Anthony M. Avery
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answered on Apr 20, 2023

Yes

1 Answer | Asked in Child Custody for Tennessee on
Q: At what age can a minor child choose which parent to reside with in the state of TN? Does TN even have that option?
Anthony M. Avery
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answered on Apr 19, 2023

It is not binding on the Court. But a party can ask the Court to hear the preference of minors 12 years and up.

1 Answer | Asked in Child Custody for Tennessee on
Q: who serves ex parte custody orders
Anthony M. Avery
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answered on Mar 20, 2023

Usually a Deputy Sheriff, or sometimes a Constable.

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: I had 2 different children by 2 different men. Neither man is on the Birth Certificate. They haven’t been involved in

9 & 11 years can my husband adopt them?

Hannah Burdine
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answered on Mar 21, 2023

Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Hello, I have recently relocated to TX from TN, Did I do everything correctly legally?

Hello, I recnetly moved from TN to TX where I have a current parenting plan with my child's father. We currently have 90/10 custody/visitation set up where he gets every other weekend. I sent my notice to the father of relocation via certified mail 63 days before the relocation (PCS orders) .... View More

Hannah Burdine
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answered on Mar 21, 2023

You went above and beyond, including sending a notice to the Court. If you made copies of the letters, hopefully you sent them by certified mail, then you should be ok.

1 Answer | Asked in Child Custody for Tennessee on
Q: Does voluntary paternity give the father joint custody?
Anthony M. Avery
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answered on Feb 22, 2023

No, just makes him the legal Father.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: How do I file abandonment against my ex husband?

My ex husband hasn’t help support our children in three years. They only time he communicates is if I reach out to him first. The only times he sees our children is if I reach out. He doesn’t reach out because I don’t want a “friendship” with him so he takes that as he cannot see our... View More

Anthony M. Avery
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answered on Oct 31, 2022

I doubt you have sufficient grounds for divorce. You will probably need an agreement (irreconcilable differences) as abandonment is not going to suffice. Your only leverage will be child support. Hire an attorney.

1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
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1 Answer | Asked in Child Custody for Tennessee on
Q: Mississippi County exspnngmenut date amd pjlace
Anthony M. Avery
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answered on Sep 22, 2022

There is no Mississippi County in Tennessee.

1 Answer | Asked in Child Custody for Tennessee on
Q: If I have sole legal and physical custody and my ex is trying for joint legal and physical custody, will they award it?

I’ve had sole/physical custody for 10 years. My ex is asking for joint now. She abused him when he was an infant. He does well in my care. What are her chances?

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

More facts are needed to make any such determination. Consult local counsel to review the filings and history of the case and the parties in order for you to get a proper answer.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a clients attorney present anything in court that considered “here say” or is that again the rules of the court?

Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to... View More

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.

1 Answer | Asked in Child Custody for Tennessee on
Q: If a custody order for full custody in TN is issued in 2019 and someone tries to get custody in ky. Doesnt Tn have juris

jurisdiction over ky. Also Tn called for jurisdiction on that court order at that time. My kids paternal grandma is trying to take my kids and its been based on all lies. I won the first case in ky and i thought once that was dismissed it went back to my current TN order, now they are at it again... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Aug 23, 2022

To modify custody and the question is which state has jurisdiction, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will provide the needed guidance. One way that KY could acquire jurisdiction over the matter is if the child(ren) resided in KY for the six months immediately... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... View More

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... View More

Henry Ambrose
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answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can i file contempt of court on my ex husband for not letting me get our daughter on my weekends?

I am suppose to get our daughter the 3rd weekend of every month an since February 2022 he has blocked me from having any contact with her an want let her come. I believe they have moved to North Carolina also but im not forsure.

Bennett James Wills
Bennett James Wills
answered on Jul 5, 2022

If he has violated the court's orders, and moved without following the procedure in the statute regarding moving, then you could seek contempt. You are also allowed uninterrupted phones calls with the minor during your non-custodial time by statute. Consult local counsel to see whether you can... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Info on how to file for child custody when parents live in different states?
Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

Depends on who is filing, where the parties reside and for how long. Jurisdictional analysis depends on several factors. Hire counsel to determine your options.

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