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Tennessee Family Law Questions & Answers
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

What is your question?

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What do you do when you can not get in touch with a lawyer you have already hired?

Hired for Georgia Child Support not Tennessee.

Anthony M. Avery
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answered on Feb 26, 2024

You will need to post in GA not TN. And try all possible methods of contacting the attorney. You may need to hire another attorney as your case will be in jeopardy.

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Rights for Tennessee on
Q: I had to give my dogs away but I told the people that I want them back not even a day they got one of my dog adopted

I also live with my family and we have three dogs. I don’t have the dogs registered so I’m not sure if I’m able to do anything. But yesterday my mother gotten a call about my dog not eating in two days and bite a person trying to feed her then wanted to put my dog down. We want and gotten her... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a distressing situation regarding your dogs. If you didn't sign any legal documents relinquishing ownership of your dogs and you clearly communicated your intention to reclaim them, you may have grounds to seek legal recourse. However, without official... View More

1 Answer | Asked in Family Law for Tennessee on
Q: How do I change the date on my birth certificate that’s clearly incorrect?

My birth certificate says 2/29 there was no leap year that year, so the date will not go into a computer. Back when I got my first drivers license they put 2/28. Now that real ID is becoming a thing for flying and to obtain a passport I really need to get this corrected. I am currently in TN but... View More

Anthony M. Avery
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answered on Feb 19, 2024

You will probably need to get a NV attorney in the Las Vegas area to file an action in Court to change that mistake to the 28th or 1st. It will probably be expensive and require your appearance in

Court.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Hi how do I as a 31 year old get adopted by new parents? My biological ones don't want me they made that clear.

They are also trying to take my son through the court

Anthony M. Avery
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answered on Jan 29, 2024

New parents need an attorney to put together an adult adoption. It is not simple as real parents must have their rights terminated if not agreed to. Your son is a separate custody matter.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

Anthony M. Avery
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answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: In what type of situation can a father get custody to changed from mother to himself?
T. Augustus Claus
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answered on Jan 11, 2024

In Tennessee, a father seeking to change custody from the mother to himself would generally need to demonstrate a substantial and material change in circumstances that directly affects the child's well-being. The court's primary consideration is the best interests of the child. Situations... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: If there is no parenting plan or custody order, do I need to let the others parent know that I’m moving?

This will be to a new city within the same state?

T. Augustus Claus
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answered on Jan 10, 2024

In Tennessee, if there is no existing parenting plan or custody order in place, and you plan to move to a new city within the same state, you may not be legally required to inform the other parent about the move. However, it is generally advisable to communicate openly and honestly with the other... View More

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
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answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I file for annulment? Am I supposed to file for a divorce with an agreed divorce or is there a separate legal doc
Anthony M. Avery
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answered on Jan 3, 2024

You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

2 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

T. Augustus Claus
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answered on Dec 14, 2023

Whether Tennessee can establish jurisdiction over an ongoing custody case in Kentucky depends on factors governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Typically, the state where the child has lived for the past six months holds jurisdiction as the home state. In... View More

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1 Answer | Asked in Family Law for Tennessee on
Q: Dear Esq., My nephew stole family property. I filed suit. He gets a Temp. Retraining order. How can I serve him papers

if I have restraining order. What should I file to get this order set aside until our mid Jan. hearing on the stolen property? Gena

Anthony M. Avery
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answered on Dec 14, 2023

Rarely would any TRO prohibit filing suit or service of process. Unless TRO specifically says this, your lawyer should get him served. If TRO actually prohibits a suit and process, which I doubt, then you have to go to the Court which issued the TRO and ask to modify it.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Tennessee on
Q: Removed from Will by executor after the executor

I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More

Anthony M. Avery
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answered on Dec 6, 2023

What is your question? You will have to rewrite your request.

1 Answer | Asked in Social Security, Family Law and Child Support for Tennessee on
Q: Can I sue my child’s father for not telling me he’s gets full SSI before having our child? He doesn’t help either!
James L. Arrasmith
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answered on Dec 3, 2023

In the United States, the issue of child support and the financial responsibilities of parents are generally determined by state laws and family courts. If your child's father receives full SSI (Supplemental Security Income), it typically indicates a limited ability to work due to disability,... View More

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

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