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Tennessee Family Law Questions & Answers
0 Answers | Asked in Family Law for Tennessee on
Q: I’m supposed to see my son but my brother will not bring him to the visits . My lawyer isn’t helping What do I do?

I’m supposed to see my son four hours every other weekend but my brother refuses to bring him to the visits. Now is court ordered and my lawyer when I help me with nothing what should I do?

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

Anthony M. Avery
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answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

0 Answers | Asked in Family Law for Tennessee on
Q: Can a filmmaker use footage of a child with only one parental consent?

One parent has an order of protection against the other. The one who was served is involved in a documentary film, does the protectee have any legal authority to prevent their child from being featured in the show? (Never married) In Tennessee

0 Answers | Asked in Family Law for Tennessee on
Q: My son has a daughter in TN. He was not married to her mother. He pays child support but she won’t let him see her. ??

The child is 12. He doesn’t earn a lot but should have some rights in TN. What should he do?

0 Answers | Asked in Civil Litigation and Family Law for Tennessee on
Q: I want to know the procedure for have family members you have never know liable for items stolen and forced.

intentionally discharged from my places of employment, demand to quit and the link or form to calculate the losses to me and the companies involved in this fraud scheme submit to the police. The estimated total losses are 1.2 million dollars, but I want to know how to calculate my loss wages due to... View More

0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: In TN what does the legal code specify in regards to 3rd party agency supervision of visitation with biological child?

As these visits are court ordered is there a standard court approved form to be completed during each visit? Are the supervisors required to be certified or licensed? Is there a monetary cap on the amount the agency can charge? If parent is disabled with limited income does this play a part in the... View More

0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: In TN, in regards to court ordered 3rd party agency supervised visits with your child what is provided for in legal code

Are the supervisors required to have certain qualifications, licensure, certifications, etc? Is there a cap on the fee for supervision? what is the legal definition of third party agency? If a parent is unable to pay for the supervision fee do they just forfeit their right to visit with their... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I just received a letter that I was being found substantiated for comiting child abuse or neglect for drug exposure

What am I to expect what should i do

Anthony M. Avery
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answered on Apr 19, 2024

Your facts seem confusing. But you definitely do not want to talk to anyone about any kind of child abuse except an attorney. It may be time for a new phone, and definitely do not use illegal drugs. Hopefully you will not be charged, but be ready to make bail and hire an attorney.

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 Family Law for Tennessee on
Q: Can I sue a daycare for threatening me with calling CPS. And CPS actually showing up at my house?

Went to talk with director because my child was coming home saying the kids was hitting her because the director didn’t like what I said she threatened me by saying she knows a lot of parents at the daycare who work for DCS. And threatened me by saying she would call them. The next day DCS shows... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, it's important to understand that there are a few key legal considerations at play:

1. Mandated reporting: Daycare staff are typically mandated reporters, meaning they are legally obligated to report suspected child abuse or neglect to the appropriate authorities,...
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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
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answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Family Law and Tax Law for Tennessee on
Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?

I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."

The IRS determines your marital status on the last day of the tax year (December 31). If you...
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1 Answer | Asked in Family Law for Tennessee on
Q: Will I be arrested by police in hotel if caught by police during extra marital affair?

Our partners does not know this however we are trying to check if police can raid our room if so how can we handle it?

Anthony M. Avery
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answered on Apr 1, 2024

No raid and arrest for sex. But if criminal activities occur, then yes.

1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: We as parents have “full” conservatorship of our son.Question is: Human and Civil Rights re:Conservatorship.Please help

I want to do right by protecting civil and human rights. I need clarification please re: parents have FULL conservatorship…. I know we should always use the least restrictive model, but our son is *intellectually disabled, *speech impaired, along with other significant diagnoses and *autism. When... View More

James L. Arrasmith
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answered on Mar 20, 2024

Navigating the complex territory of conservatorship while prioritizing the human and civil rights of your son is commendable. It's crucial to remember that every decision should aim to respect his dignity, autonomy, and personal preferences to the greatest extent possible. This approach not... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

Anthony M. Avery
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answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Polygamous marriage in USA

I met a man and he’s married.His wife initiated poly marriage. The problem is we live in USA. Can he marry me in another country and then come back to USA or not?

James L. Arrasmith
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answered on Feb 24, 2024

In the United States, polygamy is illegal under federal law and the laws of all 50 states. This means that a person cannot be legally married to more than one person at the same time within the U.S. If a marriage takes place in another country where polygamy is legal, the U.S. will not recognize... View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for Tennessee on
Q: I have two left charges under $340 in total. Schedule 4 and 6 charges also. One place I worked there. Family law too
Anthony M. Avery
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answered on Feb 26, 2024

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