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Tennessee Child Custody Questions & Answers
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 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 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.

T. Augustus Claus
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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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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: I had 2 different children by 2 different men. Neither man is on the Birth Certificate. They haven’t been involved in

9 & 11 years can my husband adopt them?

Hannah Burdine
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Hannah Burdine
answered on Mar 21, 2023

Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: can i put court over custody of my kid off until i can get a laywer because the court will not give me a laywer.
Anthony M. Avery
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answered on Feb 19, 2024

No...Either hire an attorney or represent yourself.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

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: 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.

1 Answer | Asked in Child Custody for Tennessee on
Q: Do you have to have a lawyer in child custody?
Anthony M. Avery
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answered on Oct 23, 2023

No, but it usually helps.

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.

Anthony M. Avery
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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.

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

Anthony M. Avery
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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 Child Custody and Child Support for Tennessee on
Q: So if a mother abandoned her child and husban which is best for the child taking her rights or drawing child support?

Wife walked out on us 24yrs married 13yr old daughter and ain't helped any for food or bills

T. Augustus Claus
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answered on Oct 17, 2023

The best way to proceed depends on the best interests of the child and the specific circumstances of the case. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Child Custody for Tennessee on
Q: DCS case was dropped, foster parents now trying to keep him. What do I do.

I've passed all drug screens, taken all the classes, pay everything I'm supposed to, my baby will be 2 soon. The foster parents are taking me to court to try to get me to sign over my rights. I have been going every Tuesday to see my baby as long as the visit isn't canceled by the... View More

Anthony M. Avery
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answered on Aug 16, 2023

Hire an attorney to represent you, and make weekly payments if necessary. They are trying to terminate your rights permanently. You need a counter-petition for custody filed. If you lose, be ready to appeal.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Wife went behind my back and had mail forwarded and lied to her lawyer and said I was served when I wasn’t then a defaul

Default was filed without me knowing anything and the final decree was today and I had no idea until she text me

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to move to set aside the default judgment for cause.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee on
Q: Pro Bono Needed Please!!!!!!

I have recently been through heck and back since February of this year, My mom passed March 13th 2023 also, but my child’s father has not seen or talked to my daughter for 7 or so months, we have a court order for child support since 2017 . The last payment received was 12/12/22. When they try to... View More

Henry Ambrose
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answered on May 30, 2023

Go to the local Child Support Office and take all your court orders about your child with you. They may be able to help you. If that does not work out, contact Legal Aid. You may be able to get a pro bono lawyer.

1 Answer | Asked in Child Custody for Tennessee on
Q: Can my past probation officer now be in charge of my current DCS case. Was probation officer over 12 years ago.
Anthony M. Avery
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answered on Apr 20, 2023

Yes

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