I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... Read more »
File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law... Read more »
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... Read more »
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... Read more »
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... Read more »
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 »
There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.
I also pay my wife's car note
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 »
I live in Tennessee. My 14 year old son had got into some trouble and had to go through court and probation. As a last option it was suggested that my son move in with me to see if I could straighten him out. He moved in with me right after Thanksgiving last year. I have a court ordered child... Read more »
You would need to pursue a motion to modify the current court orders and satisfy the standards for doing so as well as recalculating the child support based on the guidelines. This is not an easy process. Although some counties have forms available online, you would be wise to consult local counsel... Read more »
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a... Read more »
I have been unemployed due too not being able to afford child care and loosing my job 3 months ago. What do I need to prepare for court? He has helped with food and bills but has not spent time consistent time with our child or took on more responsibility when it comes to her custodial care as a... Read more »
An attorney would need much more info to answer a general question such as yours. Consider hiring an attorney, or, if you cannot afford one, there are associations such as legal aid that may be able to assist.
My brother retired from the Navy and has one minor child. He pays child support out of his military retirement check. He's been admitted into a skilled nursing facility. I was told that I needed to stop the child support out of his check because all of his money should be going to the... Read more »
I am sorry to here about your brother’s circumstances. The advice you received is partially inaccurate. You cant simply “stop” child support that was established by court order. If you are his conservator, you will need to obtain an order from the court terminating or modifying to $0.00. The... Read more »
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 »
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... Read more »
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 »
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 »
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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.
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 »
The child support case is in California, but we are getting married and he is adopting my daughter. He wants to get his child support modified especially since his ex kidnapped his son to Tennessee 3 years ago and has since turned his son against him and his son doesn’t want to see him.
This is possible. Tennessee law has a Uniform Interstate Family Support Act in Title 36, Chapter 5, Tennessee Code Annotated. This law indicates that Tennessee may modify an order for child support issued by another state. You will need to register the support order from California to Tennessee.... Read more »
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 »
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 »
Last year my employer put the wrong case number on several of my child support checks that were sent to the state, so they were never credited to the right case. My case worker told me that although my name was on the check, it could not be credited to me because the case number was wrong. So they... Read more »
You should consider hiring an attorney to file the appropriate motions to sort the issue out since the state won't help.
my sons father pays child support to me, however he has been living with me for 6-9mo and we will be getting married.
He will have to file a Motion with the Child Support Court. It is not automatic.
Yes, the full amount in arrears can be attached/levied by the Department of Human Services.
Up until a year ago we had split 50 50 custody. A year ago I went into rehab on my own and while gone I sent money to her as I could while in treatment. I am back now and the parenting plan is now technically 4/3 . However her income is triple mine . I worked 3 jobs when we were married while she... Read more »
Yes. Income from both parents is calculated pursuant to the guidelines.
Since he’s only 16 , and we live in the state of Tennessee.
Child Support is possible, especially in the future when he obtains the age of majority. But you have committed a crime here called Statutory Rape.. Be very careful about complaining at this time.
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