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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for Tennessee on
Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits.... View More

James L. Arrasmith
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answered on Nov 28, 2023

I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and...
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1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: in Tennessee where do you file an emergency custody? Kids live in Dickson Co. Father lives in Cheatham Co..

What County does he have to file?

T. Augustus Claus
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answered on Nov 1, 2023

The father would need to file for emergency custody in the county where the children live, which is Dickson County.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: if I have 50% custody and so does my child's father is it legal for him to stop her from coming over to my house?

My child's father has 50% custody and has been refusing to let her come over during my scheduled time because he doesn't want my partner around her he says she already has a man in her life and that it's him so he's refusing to let her come over.

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answered on Oct 30, 2023

It is not legal for your child's father to stop her from coming over to your house during your scheduled custody time. You both have the right to equal parenting time with your child, and he cannot interfere with that right simply because he does not like your partner.

If your...
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2 Answers | Asked in Child Support and Family Law for Tennessee on
Q: How to get ex husband to pay child support on children
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answered on Oct 26, 2023

To ensure your ex-husband pays child support for your children in Tennessee, you can take several steps. Begin by contacting the Tennessee Department of Human Services' Child Support Services (CSS) division, which can help enforce child support orders. If he continues to be non-compliant, you... View More

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: When a DNA test comes back that I have a biological child, what is the process for signing my rights over?

I was in a relationship 4 years ago. Significant other got pregnant. We were together through whole pregnancy and 2 months after child was born I was, I was told it’s not mine. DNA test with the other man’s mother came back she is the paternal grandmother. Fast forward 3 years, I get served... View More

Anthony M. Avery
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answered on Oct 23, 2023

If the DNA is positive, you probably will not be given the chance to terminate your rights. Obviously the mother (or the State) is after you for child support. Probably should hire an attorney now.

Q: Is a court order valid from a substitute judge if the consent form was not signed by all parties

The father of my children had filed a petition and had a court hearing which granted him emergency temporary custody of my children but the case was heard in front of a substitute judge and I did not find out about any of this information until 3 days after the court hearing was held and approved.... View More

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answered on Oct 20, 2023

It will be enforced unless you request a rehearing quick. Even then you will probably have to file your response to the original petition and go to the actual hearing on the merits.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: how can I put my child’s father on child support without his social security number? Would a DNA test work?
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answered on Oct 19, 2023

In Tennessee, you can initiate a child support case without the father's Social Security number, although having it can expedite the process. If you don't have the number, other identifying information like date of birth, address, or place of employment can be helpful. A DNA test may be... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can parents be denied visitation rights for mental or emotional abuse

In regards to this same question. If there is evidence of the abuse, can that help in any of the case? Such as audio, video & screen shots from various text messages, FB messenger, etc.

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answered on Oct 20, 2023

Well it is possible. There are no set rules on custody or visitation, and the litigation can be almost endless.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: As a non-Tennessee resident, am I allowed to submit a court petition to establish parentage, without a lawyer?

I had an out-of-wedlock daughter who was taken to TN by her mother. I can't afford a lawyer, but would like to establish paternity for visitation and custody protections. Mother is non-cooperative.

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answered on Oct 11, 2023

Yes...Alot of Juvenile Courts have forms. You will probably have to pay Court Costs. You will need good information on the Mother so she can be served. Expect to pay child support.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Will child protective services take a child from the parents custody because the child changes schools 3 times in a year
James L. Arrasmith
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answered on Nov 9, 2023

No, in Tennessee merely changing schools multiple times is unlikely by itself to lead to Child Protective Services removing a child from their parents' custody.

The Tennessee Department of Children's Services (DCS) follows specific legal standards for when removal is appropriate....
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1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I filed for a order of protection but can't go to court will I get in trouble

I filed it and want it dropped anyway

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answered on Oct 6, 2023

Go to the Court Clerk's Office and tell them you want to dismiss it. Do this before the hearing.

1 Answer | Asked in Family Law for Tennessee on
Q: If I have power of attorney for my father and currently executor of will can it be changed without my knowledge?
John Michael Frick
John Michael Frick
answered on Oct 3, 2023

Yes, your father can change both his will and his power of attorney at any time. He is not required to notify you.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My boyfriend's mom & dad left their house to him when they died but didn't have a will. No one will comply.

Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More

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answered on Oct 4, 2023

Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: In the state of Tennessee are there any laws that protect a 20 year relationship without marriage?
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answered on Oct 4, 2023

There is no common law marriage in TN. However there may be property transfers or partnerships involved between the two persons, which give one or both rights therein. Consult with an attorney.

2 Answers | Asked in Adoption and Family Law for Tennessee on
Q: Can a birth mother put the child up for adoption without the fathers consent?he is on the birth certificate.
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answered on Sep 15, 2023

In Tennessee, whether a birth mother can place a child up for adoption without the father's consent depends on various factors. If the father's name is on the birth certificate and he has acknowledged paternity, his consent is typically required for the adoption. However, exceptions... View More

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1 Answer | Asked in Family Law for Tennessee on
Q: My daughter is mentally ill. How can I force her to get help?

She is 60 years old, lives alone in a house with no water.

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answered on Sep 7, 2023

Start with an empathetic conversation, encouraging her to seek help. If her condition deteriorates to a dangerous point, legal options like conservatorship may be necessary. Also, consider reaching out to Adult Protective Services if her living conditions are unsafe. Consulting professionals and... View More

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

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