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Tennessee Family Law Questions & Answers
1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar
answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Civil Rights for Tennessee on
Q: I received a stimulus check made out to my father who deceased Mar 2019. Do I return or keep it?
Zaher Fallahi
Zaher Fallahi
answered on Apr 25, 2020

Sorry about the passing of your father. Yes, you return it with a letter explaining the father's death. Good luck.

Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

1 Answer | Asked in Divorce, Family Law and Child Support for Tennessee on
Q: I pay for my children's medical insurance and I have reason to believe my ex-wife is lying to our daughter.

I think she is telling our daughter that she (our daughter) has a number of different diseases. Do I have the right to see my daughters medical records.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 21, 2020

Absent an order from the court barring you access to those records, yes you have a right to see the medical records. Look at you Permanent Parenting Plan and consult a local family law attorney for your best course of action.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: I have a court order but ex has never paid child support through the courts. Why has he never been flagged?

Divorced my child’s dad in 2013 (child was 2). Court order was to pay through the courts. He has never paid anything through the courts and only randomly pays me directly when it’s convenient (no where near ordered amount). Why has the state not flagged him? What do I have to do to get his... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 10, 2020

You should consider consulting with a family law attorney. I am unsure of the answer to your first question. The state does look into child support matters and there is a child support enforcement office in Davidson County. Have you tried speaking with them? You could file a Petition to hold the... View More

1 Answer | Asked in Contracts, Family Law and Business Law for Tennessee on
Q: If I completed my ordination online, can I officiate a wedding in the state of Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 9, 2020

No. T.C.A. 36-3-301. Persons who may solemnize marriages.

(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other...
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1 Answer | Asked in Family Law for Tennessee on
Q: My ex has remarried, but the kids don't want to be around his wife anymore. They say they are being being called names.

Their step brother was hit with his phone and has bruises on his head. At what point do they not have to go over there? Their dad is not listening to their concerns. He has let them come home early though. I am primary and he gets them every other weekend.

Paul E. Tennison
Paul E. Tennison
answered on Apr 7, 2020

You may want to consult with an experienced family law attorney in your area. The parenting plan governs. If you would like your children to see your ex's wife less often really the only way to do that is to modify the parenting plan so that your ex does not have as much parenting time.... View More

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: I am owed 10000 in arrears. Christopher Scott Hunt got custody of our child i pay support now to him in flordia why?

Scott Hunt gained custody of the child then illegally moved child to flordia. my paycheck is garneshed now how in the world is this right.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 21, 2020

Please do not identify anyone specifically by name as this may expose you to a defamation action if your accusations are not true. If you allege that he moved to another state illegally and he in fact followed the law, then you could get in trouble. Assuming he did get custody, then as a parent you... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Temporary Parenting Agreement Question about possible contempt

In our temporary parenting agreement it states “both parents agree child’s time spent with mother will be with mother, I.e Mother will not leave child in the care of any other individuals during her time with child” but is it wrong for a stepfather to take the child to run an errand (grab... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 7, 2020

You may want to consider consulting with an attorney. Based on that specific language quoted above, it seems the agreement is that Mother will have custody of the child during all her parenting time. Thus, if the stepfather took the child without Mother for any period of time, no matter how short,... View More

1 Answer | Asked in Family Law for Tennessee on
Q: im 16 and want to go to a friends house but my mom said she'll call the cops on me, would they be able to do anything?

There has been a lot of fighting and yelling at my house and i want to get away for a few days but my mom said if i leave she will call the cops and have them bring me back home, like i said i am 16 and wanted to know if they can take me back home. My friends mom said she has no problem with me... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 31, 2020

I am sorry for your having to go through this. However, yes your mother can call the cops. Also, your friend's mother could be could be charged with harboring a runaway which is a crime. Your friend's mother could file a petition for dependency and neglect if the abuse rises to that level.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
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1 Answer | Asked in Family Law for Tennessee on
Q: How does one go about filing a due process violation in Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 25, 2020

I am sorry, but your question needs a lot more detail to be address it.

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My fiance's ex wife is keeping his son from him on his weekends due to the coronavirus. Is there anything we can do?

She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she... View More

Shanone Emmack
Shanone Emmack
answered on Mar 24, 2020

We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... View More

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1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Can I have my case payments split between my kids father and I?

My mother had custody of my 2 daughters because I was incarcerated but when I got out of jail, I got full custody back. My mom received family first. Why does the child support office only come after me to pay the state back and not their father?

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

If the father has legitimated the children, then he should pay child support. If not, then a petition to establish paternity should be filed and child support ordered.

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file a subpoena to obtain criminal trial transcripts for the use in a custody battle ???

In 2015, I was charged with aggravated sexual battery which led to divorce. The criminal charges went to trial where I was found not guilty. The allegations were made by my ex-stepdaughter in which I was found not guilty. I believe that my ex-wife is still pushing at the belief that I am still... View More

Anthony M. Avery
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answered on Mar 23, 2020

Go to the Criminal Court where you were prosecuted and ask the Clerk to help you go through the entire Court File. Be patient. The Court Reporter's name may be there, or ask the Clerk who it might have been. But most importantly, get a certified copy of the Acquittal. It is... View More

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: How does an unmarried father reinstate parental rights when baby was placed for adoption in Tennessee?

A termination of parental rights was signed thru an agency before baby was born, upon realizing the child was his he has changed his mind and wants to father the child. He was not present when the birth certificate was signed. Mother can still revoke decision until 23rd but would rather not

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 20, 2020

He needs to register with the putative father registry. Information can be found at

https://www.tn.gov/dcs/program-areas/foster-care-and-adoption/fca/adoption-records/alleged-putative-fathers.html

He also needs to retain a seasoned local family law attorney, like yesterday.

1 Answer | Asked in Family Law for Tennessee on
Q: how can i force an inmate to give me a dna test in TN?

He's my dad. he murdered my mom. I have reason to believe he is not my biological father and want to know and if he is not then remove his name from my birth certificate and tell the state of TN he's been lying abt everything (even more than we knew already)

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 18, 2020

Depending on your age, you can file a petition to disestablish paternity. If you are not of age, another person, particularly another family member can file on your behalf as a "next friend." However, I do not advise taking such action without first consulting an experienced family law... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: I have a custody case in TN but I reside in FL, do I need to attain a TN lawyer ?

The children were taken to TN supoosed to be temporary for their fathers funeral but their older brother from a previous relationship from their father, is trying to keep them and get full custody . I signed a custody agreement that the grandfather made himself and had notarize that they will be... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 12, 2020

You need to hire an experienced family law attorney from around Nashville. There are several issues presented in your question that you most likely cannot address without legal representation. I suspect a dependency and neglect petition has been filed against you. The burden of proof is high,... View More

1 Answer | Asked in Family Law for Tennessee on
Q: what are my rights for visiting with my son? i have custody but he lives with my brother in law. i have custody.

the brother in law says he cant come home for spring break.

Paul E. Tennison
Paul E. Tennison
answered on Mar 12, 2020

Is there a parenting plan or other court order in effect regarding the child? To be understand this issue, you should consult with a family law attorney and bring all relevant documents to the consult. Good luck.

1 Answer | Asked in Family Law for Tennessee on
Q: I am a father in the state of Tennessee wondering will the state of Tennessee allow me to give up my parental right
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 9, 2020

In Tennessee, you cannot voluntarily give up your parental rights. There are things that could happen to cause them to be involuntarily terminated, none of which are good.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: 16 yr wants to move in with my family because she is treated badly at home can she legally without parental consent
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 6, 2020

Until she is emancipated by the Court, or is subject to a dependency and neglect petition, she remains in custody, care and control of her parents. If you take in a minor without Court permission, you could be charged with harboring a run away.

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