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Tennessee Family Law Questions & Answers
0 Answers | Asked in Domestic Violence and Family Law for Tennessee on
Q: How do i protect myself from abuse while trying to leave? mental and emotion abuse that is controlling. kids exposed too

His behavior is starting to come between me and my children. They are no mimicking his behavior. He also does everything he can to prevent me from seeing people in my family. The youngest has also missed a lot of school without doctor excuses and has developmental delays. My oldest is now afraid to... View More

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

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 Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

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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0 Answers | Asked in Family Law for Tennessee on
Q: What to do about felony charges from DCS over accidental event?

My autistic toddler escaped from home while my sick husband was sleeping and I was in hospital with baby due to RSV, he has been forced out of our home and away from our children, they kept our daughter in foster care for 1.5 days, arrested my husband the following day, and are now charging him... View More

0 Answers | Asked in Family Law for Tennessee on
Q: I'm trying to do involuntary commitment for my husband. I need a certificate of need I have a police report.

Yes I think he's schizophrenics he's been having voices and it's starting to get really scary to be around him. After 21 years of marriage I've never been afraid to be around him. I'm afraid the voices are going to have him harm me or someone else

0 Answers | Asked in Family Law for Tennessee on
Q: My daughter had her children took by the DCS. She lost visitation to them. The case worker said I couldn’t have contact

I am grandmother. I’m not part of her investigation. The case worker just said I couldn’t see them

0 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: The department of child services refused me temporary custody of my grandson due to false statements on an initial repor

Passed background and have skills. Report said, no heat, running water and a bathroom. Absurd I have all!

0 Answers | Asked in Divorce, Family Law and Civil Litigation for Tennessee on
Q: Can a spouse add a legal attorney unknown to my legal counsel to a joint bank account as a point of contact or access

This is in TN and this attorney did not represent him nor was it ever brought up. It was discovered afterwards when an email account that was compromised by spouse reflected such and it remains so. My ability to access information was removed.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: in Tennessee where do you file an emergency custody? Kids live in Dickson Co. Father lives in Cheatham Co..

What County does he have to file?

T. Augustus Claus
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answered on Nov 1, 2023

The father would need to file for emergency custody in the county where the children live, which is Dickson County.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: if I have 50% custody and so does my child's father is it legal for him to stop her from coming over to my house?

My child's father has 50% custody and has been refusing to let her come over during my scheduled time because he doesn't want my partner around her he says she already has a man in her life and that it's him so he's refusing to let her come over.

T. Augustus Claus
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answered on Oct 30, 2023

It is not legal for your child's father to stop her from coming over to your house during your scheduled custody time. You both have the right to equal parenting time with your child, and he cannot interfere with that right simply because he does not like your partner.

If your...
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2 Answers | Asked in Child Support and Family Law for Tennessee on
Q: How to get ex husband to pay child support on children
T. Augustus Claus
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answered on Oct 26, 2023

To ensure your ex-husband pays child support for your children in Tennessee, you can take several steps. Begin by contacting the Tennessee Department of Human Services' Child Support Services (CSS) division, which can help enforce child support orders. If he continues to be non-compliant, you... View More

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: When a DNA test comes back that I have a biological child, what is the process for signing my rights over?

I was in a relationship 4 years ago. Significant other got pregnant. We were together through whole pregnancy and 2 months after child was born I was, I was told it’s not mine. DNA test with the other man’s mother came back she is the paternal grandmother. Fast forward 3 years, I get served... View More

Anthony M. Avery
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answered on Oct 23, 2023

If the DNA is positive, you probably will not be given the chance to terminate your rights. Obviously the mother (or the State) is after you for child support. Probably should hire an attorney now.

Q: Is a court order valid from a substitute judge if the consent form was not signed by all parties

The father of my children had filed a petition and had a court hearing which granted him emergency temporary custody of my children but the case was heard in front of a substitute judge and I did not find out about any of this information until 3 days after the court hearing was held and approved.... View More

Anthony M. Avery
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answered on Oct 20, 2023

It will be enforced unless you request a rehearing quick. Even then you will probably have to file your response to the original petition and go to the actual hearing on the merits.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: how can I put my child’s father on child support without his social security number? Would a DNA test work?
T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, you can initiate a child support case without the father's Social Security number, although having it can expedite the process. If you don't have the number, other identifying information like date of birth, address, or place of employment can be helpful. A DNA test may be... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can parents be denied visitation rights for mental or emotional abuse

In regards to this same question. If there is evidence of the abuse, can that help in any of the case? Such as audio, video & screen shots from various text messages, FB messenger, etc.

Anthony M. Avery
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answered on Oct 20, 2023

Well it is possible. There are no set rules on custody or visitation, and the litigation can be almost endless.

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