I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... Read more »
Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... Read more »
To my understanding the maternal grandmother is controlling how much time he gets to spend with his child- the grandmother doesn't have legal/ sole custody of the child.
Generally, grandparents do not have a say over the actual parents' wishes. However, there are other factors/facts that can play a part in deciding this. You will definitely need to provide more information to make this determination. I would suggest you contact an attorney who helps with... Read more »
My XMIL has custody of my biological daughter. She transferring custody back to my x wife. They have a date court date for the transfer, but I have not been served anything. I have sent several emails to their attorney requesting service but she doesn't respond. My guess is she plans to... Read more »
There are no reasons unless your rights have been terminated in a previous proceeding. They can also allege that they have tried to find you but have been unable to. Just make sure you show up to court saying you dispute this matter if you want to dispute it. I also urge you to get an attorney... Read more »
My husband has raised and provided for her since she was 2. And her biological dad is signing rights over tomorrow I just am unsure what we need to bring and her biological father needs to bring.
It sounds like you will need to go through an step-parent adoption process. Of you contact the court clerks office of your jurisdiction, they will tell you what forms you need.
The party without the 401k does not want any of it and we are in agreement that it is not to be divided.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... Read more »
If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.
My ex mother in law has custody of my biological child and I still have all my rights. She is attempting to give custody back to my ex wife and I inadvertently found out the date.
I'm thinking I'll just show up and request a continuance based on the fact I wasn't served and... Read more »
Definitely show up to court and advise the judge that you were not served notice and that you need time to either hire a lawyer or file any answer.
The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »
If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.
My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... Read more »
Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.
Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?
I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.
Is this considered a valid marriage after 36 years
You will need to talk to an OK lawyer.
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.
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This is a public forum. Hire a competent attorney to consult with. It sounds like there is already a criminal charge.
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 »
I want to hire a lawyer..not satisfied with lawyer the court appointed a week ago..
Thank you for your question. If you have a hearing scheduled, it is up to the Judge whether or not to allow a continuance. If you want to change attorneys, you should start contacting attorneys that you may want to hire immediately.
Once you consult with and hire an attorney, the new... 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 »
This is very fact dependent. If your father is competent, he must direct the authority. If he is not competent, you must file an action for a Conservatorship.
Living situation: Ex-wife, mother, father, boyfriend, our two kids (9 year old girl, 10 year old boy), another girl (age 7 or 8 from another guy, not boyfriend), total of 7, in a 2 bedroom log cabin. 3 kids share an open loft with no privacy or doors. Completely open to the downstairs. Unknown,... Read more »
Thank you for your question. From the facts you provided, it doesn't seem that anything is criminally. However, the situation that you describe is odd, and a court may find that the living situation is not in the best interest of the children.
In many parenting plans (including those... Read more »
I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.
Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »
When I was released her mother decided then to tell me she adopted her out and her husband had acted like me and went to court with her and forged my name to the paperwork . All this happened while I was in prison and I never knew till I got out and I want my daughter . Will TN overturn a adoption... Read more »
It will be very difficult, and the chances for success are not good. But this may be something you can do yourself if you will research the adoption Statutes and find each and every violation which was a fraud on the Court. You probably can go to the Court which ordered the Adoption and serve... Read more »
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