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Tennessee Family Law 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 Support and Family Law for Tennessee on
Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10

of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 27, 2024

You can seek child support from someone you are married to if you're living apart.

It would be better for you for him to file his takes so you can intercept his returns for unpaid support.

If he goes on disability, there should be an additional award for the child with a lump...
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1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
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answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

Anthony M. Avery
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answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
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answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
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1 Answer | Asked in Family Law for Tennessee on
Q: Someone threw away my dead sons ashes while I was in jail what can I do about it

They took them to the landfills with out my consent

James L. Arrasmith
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answered on Jun 5, 2024

I'm deeply sorry for your loss. You may have legal recourse if someone disposed of your son's ashes without your consent. This situation could potentially be considered a violation of your rights and a form of property destruction.

You should contact a lawyer to discuss the...
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1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: I need to know what I can do for a non relative undergoing conservatorship hearing

She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More

Nina Whitehurst
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answered on May 27, 2024

You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.

1 Answer | Asked in Adoption, Immigration Law and Family Law for Tennessee on
Q: can you adopt an American child, if your on a conditional green card status?

It's a conditional green card from a citizenship by investment application.

James L. Arrasmith
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answered on May 24, 2024

Yes, you can adopt an American child while on a conditional green card status. Your immigration status does not prevent you from adopting a child in the United States. However, you will need to meet all the state-specific requirements for adoption, which can vary significantly.

The adoption...
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1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

Anthony M. Avery
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answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
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answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Can I sue a daycare for threatening me with calling CPS. And CPS actually showing up at my house?

Went to talk with director because my child was coming home saying the kids was hitting her because the director didn’t like what I said she threatened me by saying she knows a lot of parents at the daycare who work for DCS. And threatened me by saying she would call them. The next day DCS shows... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, it's important to understand that there are a few key legal considerations at play:

1. Mandated reporting: Daycare staff are typically mandated reporters, meaning they are legally obligated to report suspected child abuse or neglect to the appropriate authorities,...
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1 Answer | Asked in Family Law and Tax Law for Tennessee on
Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?

I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."

The IRS determines your marital status on the last day of the tax year (December 31). If you...
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1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: We as parents have “full” conservatorship of our son.Question is: Human and Civil Rights re:Conservatorship.Please help

I want to do right by protecting civil and human rights. I need clarification please re: parents have FULL conservatorship…. I know we should always use the least restrictive model, but our son is *intellectually disabled, *speech impaired, along with other significant diagnoses and *autism. When... View More

James L. Arrasmith
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answered on Mar 20, 2024

Navigating the complex territory of conservatorship while prioritizing the human and civil rights of your son is commendable. It's crucial to remember that every decision should aim to respect his dignity, autonomy, and personal preferences to the greatest extent possible. This approach not... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Polygamous marriage in USA

I met a man and he’s married.His wife initiated poly marriage. The problem is we live in USA. Can he marry me in another country and then come back to USA or not?

James L. Arrasmith
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answered on Feb 24, 2024

In the United States, polygamy is illegal under federal law and the laws of all 50 states. This means that a person cannot be legally married to more than one person at the same time within the U.S. If a marriage takes place in another country where polygamy is legal, the U.S. will not recognize... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Rights for Tennessee on
Q: I had to give my dogs away but I told the people that I want them back not even a day they got one of my dog adopted

I also live with my family and we have three dogs. I don’t have the dogs registered so I’m not sure if I’m able to do anything. But yesterday my mother gotten a call about my dog not eating in two days and bite a person trying to feed her then wanted to put my dog down. We want and gotten her... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a distressing situation regarding your dogs. If you didn't sign any legal documents relinquishing ownership of your dogs and you clearly communicated your intention to reclaim them, you may have grounds to seek legal recourse. However, without official... 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

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