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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Is it constitutional to have to pay a supervision fee to see your child?

I was ordered to supervised by a third party agency visitation. It is$75 for a one hour visit. Resulting in unnecessary financial strain on me if I want to visit my child. How is this legal?!

Hannah Burdine
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answered on Apr 6, 2024

It depends. While true, that interference with parental rights is interference with one of the fundamental sticks in the bundle that composes our liberty interests, the rights of the child to be safe and secure also must be weighed against the parents rights. There shouldn’t be supervised... 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

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, 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 Civil Rights, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: How can I respond to a baseless restraining order and regain custody in TN?

I need advice on responding to a restraining order filed against me based on hearsay and assumptions, which led to my children being taken away. I believe the claims are baseless and non-factual. I've received the official notice of the restraining order, and I'm concerned about... View More

Michael Gregory Floyd
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answered on Apr 18, 2025

Good Morning:

A hearing has been scheduled regarding your case. You need to retain a lawyer .

1 Answer | Asked in Child Custody, Juvenile Law and Domestic Violence for Tennessee on
Q: Emancipation likelihood and costs for 17-year-old in TN facing mental abuse.

I am a 17-year-old living in Tennessee with my dad, who has full custody. I live in a mentally abusive home and have struggled with suicidal thoughts. My plan is to move in with my mom, who is willing to support me, and continue my education while finding a job. Social services are involved due to... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Tennessee, emancipation is possible for minors under certain circumstances, but it is not an easy process. To be emancipated, you must prove that you can support yourself financially and that living independently would be in your best interest. The court will likely consider the abuse you’re... View More

1 Answer | Asked in Child Custody, Civil Litigation and Domestic Violence for Tennessee on
Q: How to get emergency custody of son due to mother's indictment and neglect?

Is there a way for me to obtain emergency custody of my son before 6:00 p.m. today? We currently have a court order stating that we alternate custody every other week. His mother, who was indicted for sexual assault by an authority figure and has not yet been charged, neglects her children, as... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are concerned about your son's immediate safety due to neglect and the potential for his mother to flee, you can take steps to seek emergency custody. Given the severity of the situation, contacting the court for an emergency hearing is one of the quickest ways to address the issue. The... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Father seeks custody of daughter taken by grandmother after mother's death.

I am a resident of Illinois and I have a daughter whose mother recently passed away in Tennessee. Since her mother’s passing, my daughter’s grandmother took her to Kentucky without informing me, and she refuses to communicate with me. My name is on my daughter’s birth certificate, and she has... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have parental rights as your daughter's father, especially since your name is on her birth certificate and you have provided consistent support, including insurance coverage. Although there's no formal custody agreement, legally, the grandmother cannot simply take your daughter and... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: How to transfer child custody jurisdiction from CA to TN?

I want to file a motion to transfer child custody jurisdiction from California to Tennessee. The child has lived in Tennessee since July 2024, following a court order in May 2024 due to the mother being charged with child neglect. I (the father) have lived in Tennessee for 10 years. The child’s... View More

James L. Arrasmith
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answered on Apr 13, 2025

To transfer custody jurisdiction from California to Tennessee, you’ll need to initiate what’s called a *UCCJEA transfer*—based on the Uniform Child Custody Jurisdiction and Enforcement Act, which both states follow. Since your child has been living in Tennessee for over six months, you can... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Civil Litigation for Tennessee on
Q: Looking for pro bono lawyer for visitation rights in Hendersonville, TN with parenting plan issues.

Are there any pro bono lawyers available to help me, a mother seeking visitation rights with my children in Hendersonville, TN? Although there is a parenting plan in place, the father has blocked my calls for about six months and only recently enforced child support after previously agreeing not... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re seeking assistance to address the visitation rights issue with your children. In Tennessee, you may be able to find a pro bono lawyer or access legal aid services to help with your case, especially if you cannot afford a private attorney. Local organizations like... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Does my son need a court order before attending child support meeting?

My son's ex-girlfriend lost custody of two of her children and now claims it is court-ordered for them to establish child support at the child support office. They have one child together, and he has always participated in a 50/50 arrangement, contributing to clothes, school supplies, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your son has been following a 50/50 arrangement and has not received any formal court orders regarding child support, he is not obligated to participate in any child support meetings unless there is an official legal directive. Child support is typically established through a court order, and if... View More

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: Seeking legal assistance for order of protection and custody dispute due to ex-husband's harassment.

I have started a process for an order of protection through a family safety agency and am seeking legal assistance for court representation and a custody dispute. My ex-husband has been surveilling my property multiple times a week. Although he hasn’t been served with the protection order, he... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s good that you’ve started the process for an order of protection and are seeking legal assistance. Given the harassment and surveillance you’re facing, it’s important to document everything, including dates, times, and details of each incident. This will help build your case when... View More

1 Answer | Asked in Child Custody, Domestic Violence and Criminal Law for Tennessee on
Q: How to request visitation with order of protection in place in TN?

I am a parent with active parental rights, but the custodial grandparent has had an active order of protection against me since 2022. I was incarcerated in 2021 for non-custodial interference and possession of drugs. Since my release in 2023, I have completed programs in two halfway houses, am now... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Tennessee family law, your situation involves navigating both the order of protection and parental rights frameworks. In Tennessee, you can petition the court for visitation despite an existing order of protection by filing a petition to establish or modify a parenting plan in the... View More

2 Answers | Asked in Child Custody, Child Support and Civil Litigation for Tennessee on
Q: How can I include the father's income in child support calculations in Tennessee?

My child's father's mother has full custody of our daughter. I currently pay child support based solely on my income, not the father's. The father's support was reduced without my presence in court, based on a verbal communication from him. He is employed at a halfway house... View More

Anthony M. Avery
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answered on Mar 16, 2025

File a motion to modify your child support with the Court that ordered you to pay.

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1 Answer | Asked in Child Custody and Employment Law for Tennessee on
Q: Can I be drug tested whenever my granddaughter's mother does something?

I have custody of my granddaughter, and every time her mother does something, I am subjected to a drug test. Is this allowed? I have not received any documentation explaining why this is happening, nor have I sought legal advice regarding these tests.

Anthony M. Avery
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answered on Mar 12, 2025

Without a warrant DCS cannot force you to give a drug test. But if you refuse, DCS will probably make an emergency motion to remove the child from your custody.

1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: How to prevent meth-addict fiancée from being around my daughter during ex’s visitation in TN?

I am concerned about my ex-husband's new fiancée, who is a meth addict, being around my daughter during visitations every other weekend. His fiancée's ex-husband has threatened to kill my daughter and myself, and he knows where she lives. I have told my ex that she should not be around... View More

Anthony M. Avery
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answered on Feb 25, 2025

In whatever Court there is an order for visitation, make a motion to modify the order to prevent contact with her.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Can a judge order martial funds held by an attorney pending trial?

After the sale of the marital home Judge Robinson of Davidson County ordered that the funds be placed in the bank account of my attorney instead of dispursed to me and my spouse. Is this legal?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 4, 2025

Yes

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