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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: How To Respond To A Motion For Scheduling Order?

My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... Read more »

Michael Hollins Sr.
Michael Hollins Sr. answered on May 27, 2021

Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.

1 Answer | Asked in Child Custody for Tennessee on
Q: unmarried father signed the birth certificate of a child, does he needs still have to establish paternity by court?
Sam  English
Sam English answered on May 8, 2021

You will need to file a Petition for Parentage. If you are on the birth certificate, both parents signed a voluntary acknowledgment of paternity. You must establish your rights in Court. By statute , the Mother has exclusive custody.

1 Answer | Asked in Child Custody for Tennessee on
Q: can a mother take a child without father of child consent out of the state? custody not established yet
Sam  English
Sam English answered on May 8, 2021

Yes. If your case is filed, there is an injunction in place that requires that she give you an itinerary and the information will be listed in your case pleadings. The injunction deals with "out of state travel." If no case is filed, parties can travel freely.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Do I need a KY or TN lawyer? I live in TN. Dad lives in KY.

We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.

1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on
Q: Will I still pay child support for a child if I have joint custody with my wife and I pay all the child's daycare cost?

I also pay my wife's car note

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I'm in Tennessee, my daughter was born while I was in prison .

When I was released her mother decided then to tell me she adopted her out and her husband had acted like me and went to court with her and forged my name to the paperwork . All this happened while I was in prison and I never knew till I got out and I want my daughter . Will TN overturn a adoption... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

It will be very difficult, and the chances for success are not good. But this may be something you can do yourself if you will research the adoption Statutes and find each and every violation which was a fraud on the Court. You probably can go to the Court which ordered the Adoption and serve... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: How do I get a divorce and sole custody?

My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.

Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is...
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1 Answer | Asked in Divorce, Child Custody, Child Support and Criminal Law for Tennessee on
Q: Mother in law won't stop unnecessary drama and borderline harassment.

I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 29, 2020

Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: My granddaughter that I had legal custody of since she was 5 had a baby 3 years ago .She is now 21 .I have had the baby

I had baby since day he was born. I pay babysitter, food ,diapers ect his whole life .She is on drugs .What do I need to do get custody?

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Dec 27, 2020

Contact a local lawyer that practices family law, and talk to them about filing a Petition for Custody on the basis of dependency and neglect.

1 Answer | Asked in Child Custody for Tennessee on
Q: I have had my 2 grandchildren in my care for 9 years. Both parents walked out on them. Can I get custody? Please help me

My 2 grandchildren have been in my care for 9 years. The parents have been in and out of jail for several years. The father has moved to Illinois and the mother is around but shows interest in only herself. I have always cared for these kids, provided for them, loved them, and been here for them.... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 24, 2020

I recommend you consult with an experienced family law attorney near you. You may file a Petition for custody or something similar to get this issue in front of a Judge to decide. With the parents criminal history and your history caring for the children, the best interest of the child analysis in... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: I just need help with a divorce and child matters I don't know kw where to start and I don't make a lot of money.

.

Bennett James Wills
Bennett James Wills answered on Dec 18, 2020

Sounds like you really need an attorney. Contact the local legal aid department for help if you would have trouble affording counsel. There are resources available.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Granddaughters in foster care. How to get them back on an emergency hearing?

Their mother assaulted me an April 10, 2020, pushing me back while I sat in a chair. Causing my head to hit the kitchen cabinets behind me. I filed a police report and they do not locate her that night. They (mother and new husband) lived with us and the granddaughters were already asleep. They... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 14, 2020

Thank you for your question. With the facts you shared, one option is to file a petition for custody of your grandchildren. To get custody, you would have to present several facts to the court, including that the parents of your grandchildren are unfit to care for them. If there has been a finding... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: If my husband is having an affair and we have two kids and a house, should I contest the divorce or agree?
Ross Matuszak
Ross Matuszak answered on Dec 7, 2020

Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... Read more »

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1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: Can I move to another state, at my will, if my ex is keeping our kids and I provide child support. Live in TN

I live in TN. Currently going through a divorce and would like to move to Kansas d/t harassment by my parents. Does my ex have to agree to move if he is keeping our kids, I will provide him child support. Or am I free to move when I would like, without him agreeing?

Samuel Aaron Byrd
Samuel Aaron Byrd answered on Nov 16, 2020

If there is currently a divorce action pending you should seek permission from the court if you cannot work out an agreed parenting schedule for the children that provides for specifics about when you and your kids spend time together. That said, you can move without an agreement but the court may... Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Tennessee on
Q: I’m filing a custody appeal, I have 10 days to file. Do I attach my brief with it Or can I file my brief within 30 dayS?

I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help

Charles William Michaels
Charles William Michaels answered on Nov 9, 2020

First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: As a legal Aunt by marriage, do I have familial custody rights to my nieces & nephews?

5 children aged 5 to 9-10 mos old. Removed from parents by TN CPS due to unfit conditions & drugs. Children are in emergency foster care. Can I have legal custody of these children to get them out of foster care? They're nieces & nephews by marriage. Father is unfit & doesn't... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Nov 5, 2020

You should speak with the DCS Child Protective Services Investigator and Family Services Worker on this case, and ask them to do a home visit and background checks to consider you for "temporary custody" pending the outcome of the dependency and neglect proceeding that DCS has likely... Read more »

1 Answer | Asked in Child Custody and Civil Rights for Tennessee on
Q: The mother of my child was able to place a protection order on me without any proof. Her friend was an officer that help

When I was advised by the Domestic Violence personnel that she had no proof and their was an officer present. When I try filing perjury no official in that county will see my proof that I can show that her statements were false. She used to work for the county and they use their friends that work... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 3, 2020

None of your facts are unusual in Knox County DV cases. You must hire a competent attorney now to represent you and make it as painless as possible. Forget about the perjury. Talk to the lawyer about any firearms you have now. So far you have wasted your efforts. But keep in mind that the... Read more »

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Me and my husband seperated on mutual agreement. But was just trying to get a custody agreement in place. We have agree

On the parenting plan. Until we go for the divorce after the holidays. Ornis the best thing to just go for divorce and put the parenting plan in that decree.

Hannah Burdine
Hannah Burdine answered on Oct 28, 2020

Yes, the court will require that a Parenting Plan for the minor children of the marriage be included in order to grant the divorce.

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