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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: My marriage was never consummated. He married me to try and get citizenship while being untruthful about It. Anullment?

He has abandoned me and I want to have this marriage annulled. How long would this take to get done? Will I need him to sign? I don’t know where he is. He could be back in Palestine.

I really need help with this. Any information would be greatly appreciated.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 28, 2020

If your marriage was never consummated, then that is a ground for an annulment in Tennessee. You should seek a local family law attorney who has experience with your situation. If the marriage was a result of fraud on his behalf, you can report him to ICE. You can find their information at... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Child is mine, ex husband on birth certificate. Divorce papers state he’s not the father. I need paternity!

In divorce papers he admits he’s not the father. I have raised him for 4 yrs. He’s never had any part in raising my son. They are divorced but apparently a step was skipped. State will not allow us to change birth certificate.

Anthony M. Avery
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answered on May 25, 2020

You will have to file a Petition To Establish Paternity. All interested parties must be joined. I recommend you file in Chancery. One of the things you are trying to get the Court to do is to order the issuance of a new Certificate of Birth.

1 Answer | Asked in Family Law for Tennessee on
Q: Hello, dhs sent me the wrong paternity test and had made me believe that the wrong person is my babies father for weeks

They sent me a paper saying a man was my babies father and I got a letter today saying they made a mistake and he in fact is not after about 3 weeks. I told the father and who I thought was my sons grandmother and they were so thrilled. Now I have to tell them he isnt. Is there a way to sue over... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 23, 2020

I am really not sure what your question is. You need to inform them that DCS sent the letter to you.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: How do you justify that a home is "otherwise harmful to you" in terms of getting emancipated?

I have all the other necessary requirements: job, money, living situation, maturity, transportation, etc., but if my parents don't agree to emancipation, how do I justify that it is necessary for me to be emancipated? I know it is, but how is it objectively determined? In other words, when I... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 23, 2020

As a minor, you cannot file the petition yourself. You must have some adult or what is referred to as a "Next Friend" file it for you. It can be anyone familiar with your circumstances.

1 Answer | Asked in Family Law for Tennessee on
Q: My husband gave his daughter power of attorney over him before we got married does a power of attorney override me now
Anthony M. Avery
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answered on May 22, 2020

Not sure what you mean by override you now. But the POA is not affected by the Principal's subsequent matrimony. You might ask your Husband to revoke that POA now, and to possibly appoint you as his Attorney-In-Fact. The POA might actually be a health related instrument, dealing with... View More

1 Answer | Asked in Family Law for Tennessee on
Q: My question is am I legally responsible as a Surrogate Decision Maker for financial occurrences incurred by the Patient?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 21, 2020

I am not sure what you mean by surrogate decision maker. Are you referring to SURROGATE DECISION MAKING FOR INDIVIDUALS WITH MENTAL RETARDATION

OR MENTAL IMPAIRMENT RELATED TO DEVELOPMENTAL DISABILITIES?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Daughter's friend kicked out of her mother's home she is 17. Asking to move in with us. What are steps to make legal?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 19, 2020

You are in a precarious situation. Harboring a runaway is a crime and if the mother wants to vengeful, she could make that argument. If you believe, as you question suggest, failure to provide for a minor is neglect and abuse. Everyone in Tennessee is a mandatory reporter for neglect and abuse. The... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Is running away from home at 17 in Tennessee illegal? If not, can the parent make her child come home?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 14, 2020

Running away as a minor is never legal. Unless you are in danger at home, then yes, she can make you come home. If you are abused at home, you need to let someone know.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Mr Denison

Would a lawyer be able to attempt to work some kind of an agreement in lieu of a dvo to prevent me from not being able to possess a firearm due to my job?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 14, 2020

I can only assume that DVO means a domestic violence order. There are exceptions if what you are referring to is an order of protection action, however you need the assistance of an experienced family law attorney. Do not respond with any specifics of any allegations as social media such as this... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Paying support for years w/o a court order just by verbal agreement with other parent.

I have paid support on my child for 10 years with no C.O. Other parent is denying visitation now. If I take other parent to court and they find my support order should be more will I be held in arrears even though other parent never filed motion for child support in 10 years.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 13, 2020

I hope you did not pay her in cash with no receipts. Currently, the Courts are instructed to only go back 5 years without a specific finding it should go back further. Additionally, if you have not be deemed to be the legal, not only the biological father of the child, then you must legitimize the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: In Hamilton County Tennessee, what do I need to do to terminate child support payments?

My ex-wife and I share 1 daughter who is turning 18 and graduating high school both in May 2020. I pay monthly child support directly to my ex-wife per our divorce agreement. Is there a form I can secure somewhere and file with the court along with appropriate fees - or - do I need to secure an... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 11, 2020

You cannot simply file something with the Court. You would need a motion to get an order terminating the child support. If there is an arrearage, then payments would continue to be taken. Your best course of action is to consult with Hamilton family law attorney who can take care of this for you.

2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Is a discovery request by an attorney court ordered?
Bennett James Wills
Bennett James Wills
answered on May 11, 2020

Discovery is mandated by the rules of civil procedure. If one fails to respond to discovery, an attorney can seek sanctions.

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2 Answers | Asked in Domestic Violence and Family Law for Tennessee on
Q: In Tennessee for an ex parte protection order, is a hearing required within 15 days of service of that order?

I have been under an ex parte order of protection for 6 months. Does this violate my due process rights?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 8, 2020

At this time the Tennessee Supreme Court has issued Orders continuing Order of Protections until it determines it is relatively safe to conduct hearings. So, no under these circumstances your rights have not been violated. If you do not have an attorney, you need to get one asap.

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1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: If Tennessee department of chikd services violated numerous of my civil rights and removed my children

With no proof made me pay for the paoers givinf temp custody away or black mail me to split my kids up in different countys if i didnt. Disnt give me chance in court or court date perios but had judge sivn papers for temp custody as ipen case when it was ckosed told my 17 yr old daughyer biut my... View More

Daniel A. Herrera
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answered on May 4, 2020

I've very sorry about your situation. You need to contact a local family law attorney in your area. Try to find one that offers a free consultation and they should get back to you with a better response.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Q: Hello. I am seeking some information about my current situation. I live in Mt. Juliet TN

My situation is fairly complicated. We were married by a Hindu Custom Religious marriage in 2007 in Los Angeles California. However our priests are not officiated, therefor in the state of TN it is not considered to be "legal". I am now separating with him and have 2 children together. Am... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 1, 2020

You need to consult with a local family law attorney to see if you are indeed married and to begin getting child support whether or not you are legally married.

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Tennessee on
Q: Girlfriend doesnt want to go home but she is a minor. Can the boyfriend get into trouble?

My cousin is 18 and his girlfriend is a minor. She doesnt want to go home but instead stay with him. Can my cousin still get into trouble even tho it's her choice?

Anthony M. Avery
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answered on Apr 29, 2020

Absolutely

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1 Answer | Asked in Family Law and Elder Law for Tennessee on
Q: Will a new medical POA override a previous notarized POA? Can you have 3 medical POA s?

My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... View More

Anthony M. Avery
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answered on Apr 29, 2020

You Mother needs to simply revoke all the POAs. It should be done verbally and in a notarized declaration, which can then be recorded if needed. Now would be a good time.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: im in the middle of a divorce and i am pregnant with my boyfriends baby can that stop me from getting a divorce

i separated from my husband on June 28th 2019 and me and my current fiancee got pregnant in November the due date is July 15th of this year. my ex husbands lawyer says that in order to get a divorce we need to have paternity test done and i see no reason why when there is no possibility of him... View More

Bennett James Wills
Bennett James Wills
answered on Apr 27, 2020

You would be wise to consult with a lawyer on this issue. The reason is because your husband (who is not your ex until the judge signs the divorce order) is the presumptive father under the law. He doesn't want to get hit with a request for child support in the future or deal with paternity at... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What options do I have in getting a legal joint custody order put in place, and if any, how do I begin proceedings?

I do pay child support. I have been an integral part of the child's life since birth.(9/23/2011) the only reason it's not now,is covid-19. The mother let our daughter go to "a trusted friends house", so she could have someone to play with while all of this is going on despite... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 29, 2020

You should consult with a local family law attorney. From the facts, as you describe them, it seems as if there is no parenting plan that has ever been established by a court order. If this is the case, you will likely need to file a Petition to Establish Parentage in the county juvenile court... View More

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