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Tennessee Family Law Questions & Answers
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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1 Answer | Asked in Family Law for Tennessee on
Q: Does anyone have questions about dcs I don't know the laws and there wanting to give her a private forensic interview

I don't know what this is and she is scared to death she don't want to be around these people

Anthony M. Avery
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answered on Jun 24, 2024

DCS is trying to put someone in jail. Girlfriend does not need to talk to them. And she should not talk about the kid involved at all, to anyone.

1 Answer | Asked in Family Law for Tennessee on
Q: I have been married 5 years to a guy who is asking me to move out into a camper so he can have his space.

How should I protect myself. He owns million dollar house. Has my money from sales of homes and my credit cards ran up so he could defend lawsuit. That is coming to a close. Should I leave or insist to stay in home. I am camping out w my grandkids currently and he calls me with his brilliant... View More

Anthony M. Avery
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answered on Jun 18, 2024

Consult with a really good divorce attorney, possibly out of County. You will need to pay him for pre-divorce filing advice. An expensive Legal Separation might even be appropriate here.

1 Answer | Asked in Family Law for Tennessee on
Q: Someone threw away my dead sons ashes while I was in jail what can I do about it

They took them to the landfills with out my consent

James L. Arrasmith
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answered on Jun 5, 2024

I'm deeply sorry for your loss. You may have legal recourse if someone disposed of your son's ashes without your consent. This situation could potentially be considered a violation of your rights and a form of property destruction.

You should contact a lawyer to discuss the...
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1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: I need to know what I can do for a non relative undergoing conservatorship hearing

She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More

Nina Whitehurst
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answered on May 27, 2024

You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.

1 Answer | Asked in Adoption, Immigration Law and Family Law for Tennessee on
Q: can you adopt an American child, if your on a conditional green card status?

It's a conditional green card from a citizenship by investment application.

James L. Arrasmith
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answered on May 24, 2024

Yes, you can adopt an American child while on a conditional green card status. Your immigration status does not prevent you from adopting a child in the United States. However, you will need to meet all the state-specific requirements for adoption, which can vary significantly.

The adoption...
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1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: I was court ordered today not to talk to my son about my religion
James L. Arrasmith
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answered on May 24, 2024

Being court-ordered not to talk to your son about your religion can be a difficult and complex situation. This type of order may be issued in custody cases where there are concerns about the child’s well-being or conflicting parental beliefs. It's important to understand the specific reasons... View More

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

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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