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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What does this parental right mean?

(iii) The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any hospitalization, major illness or injury, or death of the child. The parent exercising parenting time when such event occurs shall notify the other parent of the event and... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 15, 2019

It means both. If you currently have the child and a listed event occurs, you should provide the healthcare provider with the other parent's info. You should also notify the other parent who is not present of the event and provide the healthcare provider's info.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a grandmother take custody of a child if she has had him for 30 days?

I left my child with his grandmother while I visited my boyfriends mother out of state but now his grandmother is threatening to take custody can she do that?

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

That's not how custody works.

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: Can my husband adopt my child without contacting her biological dad he has never seen her nor does he want to

My 11 year olds biological farther signed a paper when I was 5 months pregnant with her that stated he did not want any prenatal rights my now husband wants to adopt her do I have to contact her farther in order for this to happen he has never seen her nor does he want to

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

You should consult with a local adoption attorney to discuss your rights and responsibilities. The biological father will need to be served with papers if his parental rights haven't already been terminated for some reason.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Tennessee on
Q: Hi, How do I file a petition to modify my parenting plan without a lawyer?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

Sorry, but there is no "easy answer" to this: If you needed surgery, would you attempt to do it to yourself? Almost everyone says no, they would hire a professional to perform this service. However, rather than hire a lawyer, people will attempt complicated procedures and risk unfortunate... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: my husband is a registered sex offender against a child under the age of 13 can he still take custody of our children?
Bennett James Wills
Bennett James Wills answered on Sep 23, 2019

Custody is decided upon a lot of different factors. In theory, the answer could be yes. Practically? Probably not. But you should consult an attorney to assess your particular situation to make that determination. Without knowing more about your kids and circumstances, no one on a forum can give... Read more »

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

I’m only getting my son Wednesday at 4 until Friday at 4. Summer it switches around. My ex won’t allow my son to talk to me on the phone which he is 4. When I text and ask he would ignore the text even if I ask to see him. My son don’t go to daycare so I wanted my son to have a private tutor... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

You would file a petition to modify the current parenting plan. You could try to do this yourself, but you would be wise to hire or at least consult with a local attorney to review the current plan and give you your best options.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do I go about legal guardianship of my granddaughter
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2019

Hire a competent attorney to file the Petition For Guardianship. As a Grandparent, the parents are going to have to be served and will probably contest it.

1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »

Timothy Denison
Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: I turn 18 in october, but i’m still in high school. Can i legally move out in the state of Tennessee when i turn 18?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 10, 2019

At age 18, any person is considered an adult in Tennessee ( except for the purchase or consumption of alcohol, for which the minimum age is 21).

The real issue, which is not stated in your question, is whether you should move out: do you have the maturity and resources to live...
Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Would the courts go back and use texts and pictures 4 years back

4 years ago I got custody of my granddaughter due to my daughter getting in trouble, the other grandmother was on the order to help me while I work on Saturday, it lasted not even 6 weeks. When my daughter got out of jail. The other grandmother stop helping me so with my daughter couldn’t be... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Child Custody for Tennessee on
Q: In a custody case can someone use texts and pictures 4 years back

4 years ago my daughter went to jail over drugs, I got custody of my granddaughter, after staying clean for 3 and half years, she lost her son and relapsed, now she is back in jail and her lawyer is trying to get her in rehab. Now I’m having to fight for custody with the other grandmother who... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can the courts use texts or pictures from 4 years back on a custody case

I had custody of my granddaughter 2015 until 2016 my daughter stayed cleaned for 4 years and released now I'm going for my granddaughter and so is the other grandmother who hadnt had a relationship with her the other grandmother is stating she has texts and pictures where I left my daughter... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 23, 2019

Depends on whether the court determines those pictures and texts to be relevant and admissible. They may not be relevant being four years old.

1 Answer | Asked in Child Custody for Tennessee on
Q: How does a father get full custody in Tennessee?

My boyfriends children (3 and 2) have been with him over a year now, only seeing the biological mother 3 times in one year.

He is wanting full custody of them.

Bennett James Wills
Bennett James Wills answered on Aug 15, 2019

He would file a complaint for custody and child support with the circuit court in the county where he resides. There are forms available online from the State of Tennessee - but it would be wise to consult with local counsel to determine his best course of action. These cases can be complicated.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will

still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 14, 2019

In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can I overturn a verdict based on the service of process. Hearing stated my whereabouts were unknown.

Emergency custody hearing.

Bennett James Wills
Bennett James Wills answered on Aug 12, 2019

The timeline of events is important. An attorney would need much more information to evaluate your case and determine your options. Consult with a local attorney asap to determine your rights.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?
Bennett James Wills
Bennett James Wills answered on Aug 12, 2019

It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on
Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 7, 2019

Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.

She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 5, 2019

Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I've been trying to find a lawyer for quite some time now. I need a lawyer to petion the court for custody of my niece

She was born 11-05-2016. I had her until 03-2018. Which her biological mother had another baby born positive for drugs. Crittenden county DHS TOOK custody of both children. I've went to all court dates until crittenden county dhs supervisor told me to petion the court and has not given me... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 31, 2019

Apparently Jurisdiction lies in Arkansas, not Tennessee, at least at this stage. So you are asking for help in the wrong State. Start calling Arkansas Attorneys.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What do I need to do to be emancipated in Williamson county TN

What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 19, 2019

You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.

You will have plenty of time to be a responsible taxpayer in two...
Read more »

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