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Tennessee Child Custody Questions & Answers
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... Read 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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2 Answers | Asked in Child Custody for Tennessee on
Q: If my wife left me with the kids when she walked out on me what can I do?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 25, 2020

There are several things you can do, but I would recommend consulting with a local experienced family law attorney first. An attorney can help you file for divorce, get child support started, etc.

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2 Answers | Asked in Child Custody for Tennessee on
Q: Can you lose your kid cause of the baby sitter selling drugs even if you were unaware?

My son was took my his grandmother she got emergency custody cause she took pictures and said that the baby sitter was selling drugs . How can I regain custody

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

Your best course of action is to consult with an attorney immediately. A baby sitter selling drugs while she was watching the child is a big problem. It seems quite opportunistic that her grandmother would be there to take pictures when this happened. You will need to file something with the Court... Read more »

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1 Answer | Asked in Child Custody for Tennessee on
Q: I lost my son due to the baby sitter exchanging an item in her drive way is that a way I could lose my son

If I put him in a day care and fire the baby sitter could I regain custody

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 24, 2020

Your question is missing many details. Please resubmit your question with enough details to enable someone to respond.

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 has... Read 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... Read more »

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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... Read more »

Anthony M. Avery
Anthony M. Avery 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 self-authenicating... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: My ex-husband is threatening to take my child away from me because he missed nine days of school due to illness but he m

I always went to the school and picked up his work so that he wouldn't get behind and he had doctors notes

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

He can try, but if the issue is no greater than what you have stated, he would have a very weak case. I suggest you consult with an experienced local family law attorney to help you discern your best options.

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: I need a divorce. I have 3 children. Father/ husband hasn't been in the picture in 2 years or more. What are my options?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 16, 2020

I suggest you retain a local family law attorney. If he has been absent for more than two years and there are children of the marriage you have grounds for abandonment. You probably have other grounds as well.

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... Read 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,... Read more »

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.

1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Tennessee on
Q: If a mom used marijuana and is now going through a custody battle, how likely is she to lose custody? Never married.

I’ve used thc and cps has closed my case after successfully passing random drug screens. I failed the first one but cps still closed the case. How likely is it for I, the mother to lose custody of my 2 year old child? Also, I have proof (pictures and messages of him advertising) of the father... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 25, 2020

From your question it seems as if there is no current court case. If that is the case, then you are probably fine. If here is a court action currently lodged with the court, then you need to revise your question and add additional detail to allow attorneys to better respond. Good Luck!

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My husband’s daughter has lived with him until she was 13. She’s lived with the mom the last 2 yrs. She wants support

The mom never financially supported the cold while she was with the father. Will he have to pay? Can he get back support?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 25, 2020

I will assume from your question that mother and father were never married, because your question does not reference any previous divorce. As such, it is unlikely he will be able to get back child support as there is no current order on which to base such an award. This may be a case of no good... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I am a single father, never married, and have been the pro since 2012, and joint prp from2009 till 2012.

My son was born in 2006 in TN. long story short my sons mother got word in TX, which is where she lives and has lived since around 2009, that i was arrested for simple poss and on a separate date arrested for p.i. i was acquitted i think is the word for the simple poss which i was never arrested... Read more »

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

First, if your son has lived in Texas since 2009 and that court has exercised jurisdiction, then most likely your case is in Texas. This is really not a case to be handled on your own. You parental rights are at stake. I advise you to consult with an experienced family law attorney in the Texas... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Could I petition the court for more custody with my son

My son is 4 and the last order was when he was one, when my son attends son I will only get him every other weekend which we have such a close bond I’m the one who makes all doctors appointments, dentist and the list goes on I believe this will affect our son and of course me

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

From you question I gather you are a parent who has a parenting plan or visitation order that only gives you every other weekend parenting time. The first question is from what court was the order entered? The bottom line is a parent is always free to petition that court for a modification.... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My daughters father has never helped, doesn’t see her and we were never married. Can he object to us moving?

I have a 16 month old daughter. I’m the sole provider for her. Her father and I were never married. He does not see her because I don’t allow him to keep her alone because he put her in a harmful situation and has stopped showing up to his moms to see her. He has never helped financially either... Read more »

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

Your question raises two separate issues. Relocation and Termination of Parental Rights. I will address the Termination of Parental Rights first as the answer is easier. In Tennessee, a parent cannot voluntarily terminate their parental rights unless their is a Petition for Adoption and... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My husband is having a trial over custody of his daughter. He is the petitioner. I got a subpoena from his ex to testify

The subpoena says to testify on her ‘behalf.’ I’m confused. I wouldn’t ever testify against my husband so I’m not sure why it says on her behalf. She basically has texts of me and her arguing. Do I have to testify or can I have some sort of spousal privilege in this case? I’m not sure... Read more »

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

Yes you can be subpoenaed to appear in court and forced to testify as to the matters contained in the texts. Any other questions may be subject to the spousal privilege. You need to speak with an attorney to help you in this situation.

Tennessee Code Annotated contains the spousal...
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1 Answer | Asked in Child Custody for Tennessee on
Q: My husband has a custody trial in a few days. His ex girlfriend has texts of myself and my husbands mom she plans to use

My husbands mom sent her snapshots of texts between myself and his mom when in a heated argument. Will his ex be able to use these in court if my mother in law is not there to testify? Or will it be considered hearsay? Can texts be used from anyone not there to testify even if there are snapshots?

Jean Richardson
Jean Richardson answered on Feb 8, 2020

You're correct, the texts are hearsay. I'm assuming you're a party opponent. Under some circumstances, communications from a party opponent can be considered admissions. In this case, I don't see how that exception to hearsay applies.

1 Answer | Asked in Child Custody for Tennessee on
Q: Will it go against the father of our child not allowing our 4 year old to have a phone conversation with his momma

The current custody order was wben our son was 6 months so any phone calls was not mention im wanting to petition the court for my son for alot of reasons, my ex wont allow my don to soeak to me on the phone would this go against him in court

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Feb 1, 2020

Petition the court for a modification of the visitation order to allow phone calls as the child can now speak on the phone when he wasn't able to when he was only six months old, more readily allowing you to maintain and strengthen the parental bond with your child.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee on
Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Feb 1, 2020

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...
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1 Answer | Asked in Child Custody for Tennessee on
Q: How do I stop support pmts and insurance garnishment from my check, I am the CP? Court said they would stop but have no

I was ordered to pay support and provide insurance when my son lived with his father for a year. He has been back home with me for almost a year and still paying child support. We went to court and confirmed that he lives with me and at that time I was told I would still have to pay any arrears... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You need a competent TN attorney now. You are still subject to the old Order. It will require a Motion and New Order to reflect what the facts are now.

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