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Tennessee Family Law Questions & Answers
0 Answers | 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

0 Answers | Asked in Family Law for Tennessee on
Q: Mom and live in Nanny question about discipline.

Hi I am 25yrs old a live in Nanny for 2 girls 13 yr old and 11 yr. old and a 9 yr. old boy, they lack structure and disobey at times, there Mom is a stay at home working situation and needs a lot of help with discipline, she has not had much experience at all, especially with when they do something... View More

0 Answers | Asked in Criminal Law, Family Law and Health Care Law for Tennessee on
Q: Can a mom legally take away Zoloft prescribed to a 16-year-old for bipolar disorder?

Is it illegal for a mother to take away Zoloft prescribed to her 16-year-old child for bipolar disorder? The medication has been prescribed since last year, based on medical professionals' recommendations due to the disorder. The mother claims the medication "messed with their head"... View More

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Tennessee on
Q: What are my rights if my co-owned property and personal belongings are being sold without permission?

I co-own a house with my late father and have the deed as proof of ownership. Since my father's passing four years ago, the house has been empty. My stepmother, without communicating with me, has sold and given away my personal property from the house. Additionally, I've been paying the... View More

Anthony M. Avery
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answered on Mar 14, 2025

You do not state the exact estate that you now own in the property. However hire an attorney to search the title and determine present ownership, and decide if a Partition Action is needed. As to your personal property, you might sue stepmother for conversion in General Sessions Court.

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: Am I entitled to more than 50% of house sale proceeds after divorce?

I bought a house before I was married. Two years after purchasing, I got married, and four years later, we refinanced the house under both of our names. We have since divorced, and the divorce settlement only stated that I would occupy the house and be responsible for all costs associated with it... View More

Anthony M. Avery
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answered on Mar 13, 2025

Unless you gave him a deed or the Judge vested him with an interest, he has no titled interest in house. Did your lawyer not tell you this? When you sell it, and some title company wants him to give you a deed or give him money, go somewhere else. Getting a deed of trust does not bestow... View More

2 Answers | Asked in Gov & Administrative Law, Family Law and Civil Litigation for Tennessee on
Q: Can DHS restrict me from my granddaughter over alleged drug test failure?

DHS recently conducted a drug screen, and I was informed that I failed it due to suspected meth usage. At the time of the test, I was ill and taking cough syrup, which they were aware of. As a result, I was told I couldn't be around my granddaughter. I never received written results, and... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 12, 2025

Yes.

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0 Answers | Asked in Adoption, Family Law and Child Support for Tennessee on
Q: Does my partner need the biological father's consent to adopt my daughter in TN?

I have a daughter who is 8 years old, and her biological father is not listed on the birth certificate. Although he acknowledges her as his daughter, he has never provided any support or been involved legally. My partner and I are planning to get married, and he wishes to adopt her. Do we need the... View More

0 Answers | Asked in Divorce and Family Law for Tennessee on
Q: Will new TN law void my 2021 first-cousin marriage license?

I am concerned about the status of my marriage. My cousin and I, both first cousins, got married in Tennessee after obtaining a marriage license in 2021. Recently, a new law was introduced stating that first-cousin marriages are not allowed after April 2024. Will this new law void our existing... View More

1 Answer | Asked in Probate and Family Law for Tennessee on
Q: Can sons contest probate or stop process and affect property transfer after probate documents are signed?

As a live-in girlfriend and non-family member, I was granted everything (including the mortgage, house, cars, etc.) by two sons through probate documents recorded over a year ago at the courthouse. The probate process is about to close, and there have been no known issues, but we are currently... View More

Anthony M. Avery
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answered on Mar 6, 2025

Any interested party with standing can file a motion, objection, etc. if they want to. Even after the Estate is closed, it is possible to reopen it sometimes. Talk to your attorney about the Estate being probated.

0 Answers | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: What are my rights after my wife moved our kids out of state?

I agreed to let my wife move our children from Tennessee to Indiana for her new job, but this was only an informal agreement. Initially, she said she would bring the kids to me every other weekend, but now she insists it's my responsibility to pick them up and return them. Also, she is... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Ex threatens legal action over visitation concerns with daughter.

My ex is threatening to involve a lawyer because I've expressed concerns about having our four-year-old daughter around his new fiancée, who struggles with drug addiction, and threats from her ex-husband. Despite having full custody and his visitation being outlined in our court-established... View More

0 Answers | Asked in Juvenile Law, Family Law and Domestic Violence for Tennessee on
Q: What are my options as a 16-year-old in a difficult living situation in Tennessee?

I am 16 years old, and due to a temporary court placement, I am living with my aunt in Tennessee. She frequently tells me to leave and threatens to report me as a runaway if I do. She restricts my social interactions outside of school, took money I earned from my first job claiming it's for... View More

2 Answers | Asked in Domestic Violence, Family Law and Civil Litigation for Tennessee on
Q: What to do if wife lies to get order of protection against me in TN?

I'm facing a situation where my wife lied to obtain an order of protection against me. Currently, I have not been formally served any legal papers, but the sheriff's department informed me to leave the house. I have moved in with my mother and can only maintain contact with my kids via... View More

Anthony M. Avery
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answered on Feb 28, 2025

Hire an attorney to represent you. It is a civil matter, and it is easier to go to jail than if you had been criminally charged. Petitions for OPs are notorious for lies, but usually all you can do is cross examine the petitioner.

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0 Answers | Asked in Gov & Administrative Law, Health Care Law, Civil Rights and Family Law for Tennessee on
Q: Can a hospital hold a child with an involuntary hold without court order and restrict parental visitation?

I have a 10-year-old child who the doctors want to hold for 24 hours in a mental health hospital. They think my child could harm themselves, and they issued an involuntary hold without a court order, sending her to a different hospital for this purpose. The first hospital claimed she was being sent... View More

0 Answers | Asked in Education Law and Family Law for Tennessee on
Q: Am I entitled to obtain all emails from my son's school account?

I am the legal guardian of my minor son, who attends a private Christian school. I recently requested to obtain all email correspondences from his school email account, but the school only sent some of the emails. They mentioned that my son had disclosed suicidal ideation in these emails. My son... View More

0 Answers | Asked in Child Custody, Family Law, Gov & Administrative Law and Juvenile Law for Tennessee on
Q: Can we get children in TN foster care released to the family after 3 years?

I am seeking advice regarding a situation where my family has been separated. After I was arrested for allegedly driving a stolen car from Georgia through Tennessee, my children were placed in foster care. I spent about 10 days in jail, but the case against me was dropped. Despite this, the... View More

3 Answers | Asked in Probate, Family Law and Real Estate Law for Tennessee on
Q: Father passed away, excluded from affidavit of heirs, no will, property in TN, steps?

My father passed away without a will, leaving a property in Sequatchie County, Tennessee, in his name. After his death, my stepmother completed an affidavit of heirs excluding his three children. No official communications or notices have been received by us regarding the estate. The property is... View More

Michael Gregory Floyd
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answered on Feb 14, 2025

Good Morning:

A complaint to quite title must be filed.

Attorney M. G. Floyd, Esquire

901 526 1088

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1 Answer | Asked in Health Care Law, Civil Rights and Family Law for Tennessee on
Q: Seeking a fertility healthcare lawyer in Tennessee to recover missing embryos and protect reproductive rights.

I'm seeking a lawyer who practices fertility healthcare law and respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We've spent $50,000 with a previous lawyer but have not retrieved our missing embryos and other genetic... View More

Michael Gregory Floyd
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answered on Feb 14, 2025

Good Morning:

I have reviewed your dilemma that you posted on Justia.

I view your causes of action as being an unconscionable contract, and a civil conspiracy as the primary matter to be litigated and the return of the embryos and rescission of the contract .

You did not...
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0 Answers | Asked in Child Support and Family Law for Tennessee on
Q: Seeking to modify child support order in Tennessee; need attorney assistance.

I'm in Tennessee and seeking to modify an existing child support order. I have a hearing scheduled soon. I would like to know what to expect during the hearing and how I can prepare to present my case effectively to the judge. Additionally, I am looking for an attorney to help me with this matter.

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