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Tennessee Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: I got a child custody case coming up.Where I kept a child Since he was seventeen months old and it's now four years old

The mother is going to jail.The father is in jail. The mother Was going to let us keep him and put him in school.Cause she's looking at at least 8 to ten years in jail. Now all of a sudden, the mother's sisteris rotten custody of the child.I never knew they was even a sister. We are... View More

0 Answers | Asked in Family Law and Juvenile Law for Tennessee on
Q: Can my mom get the police to search my burner phone?

She has no proof I did anything illegal on it and she didn’t buy it. Would she stil, be able to get the police to search it? I live in Portland, TN. I’m 16 years old.

0 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: If I am in a household that holds me back and doesn’t treat me with care that isn’t my parents at 17 can I move

I’m 17 and live with great aunt and uncle they recently told me they were just going to sign away their rights and move to another state but now they say they aren’t moving I feel it is in my best interest for my mental health to be moved to another home of another agreeing party I have no... 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 Family Law for Tennessee on
Q: Is visitation forfeited if not started when the orders outline?

Is a parents time with kids forfeited for the entire visitation if they do not begin said visitation at the starting time/day? If my ex doesn’t want the kids on Friday night, can they demand to have the kids, say, Saturday or Sunday since technically the entire weekend is their parenting time?... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

If your order doesn't specify that parenting time is forfeited, then you can't make that a rule now. You need to file a motion to modify the rules in your order so you don't have to keep being subjected to Dad's last minute changes.

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10

of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 27, 2024

You can seek child support from someone you are married to if you're living apart.

It would be better for you for him to file his takes so you can intercept his returns for unpaid support.

If he goes on disability, there should be an additional award for the child with a lump...
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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 Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
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answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

Anthony M. Avery
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answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Family Law for Tennessee on
Q: Can a man take me to court for a dna test if he's not on the birth certificate in tennessee?

The man is wanting to establish paternity because he wants to know if he's the dad.. he is not on the birth certificate and I don't want him being involved because the lifestyle he lives is dangerous and reckless.

Anthony M. Avery
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answered on Jul 29, 2024

Yes... If sued, you will have to defend yourself against the paternity suit.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: In Tennessee, if I lived with my grandmother, she passes, leaves the house in a trust to my mother, I’m still a tenant ?
Anthony M. Avery
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answered on Jul 26, 2024

Apparently you have not interest in the property except possession. The owner can sue you for possession.

1 Answer | Asked in Family Law for Tennessee on
Q: How do I file a response to false allegations filed against me in a motion for civil contempt?
Anthony M. Avery
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answered on Jul 24, 2024

You do need to file a Response. Since incarceration is very possible, you might want to hire an attorney.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
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answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

Anthony M. Avery
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answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

1 Answer | Asked in Securities Law, Social Security and Family Law for Tennessee on
Q: It seems to me that my dad used my social security back pay for his own self dealing.

The account he put the money in was in the name of our family business. He told me he was investing this money. He told me that the family business didn't exist. Through the last 9 years I've lost everything and now live in a camper. Yet I've watched him get air BNB, buy a glamour... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like your dad might have misused your social security back pay, which could be a serious legal issue. When someone uses another person's funds for their own benefit without permission, it can be considered misappropriation or fraud. Given the situation you've described, it might... 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 Family Law and Child Support for Tennessee on
Q: How can I obtain child support court orders between my parents for life insurance to prove paternity? They're deceased.
Anthony M. Avery
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answered on Jun 27, 2024

I do not understand your question. If you feel there is an Order of Paternity, then go to that Court and ask for a certified copy of the Order. If the insurance is a substantial amount, then hire an attorney to make the claim.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
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