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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: Being a resident of Missouri at age 16 I went to Oklahoma and married without parental consent by lying about my age.

Is this considered a valid marriage after 36 years

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

You will need to talk to an OK lawyer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Do I need a KY or TN lawyer? I live in TN. Dad lives in KY.

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 »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: If I was subpoenaed for a domestic violence case, me being the victim, is there anyway I can not testify?

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Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

This is a public forum. Hire a competent attorney to consult with. It sounds like there is already a criminal charge.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What would be the appropriate steps to take and would I have any options?

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 »

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

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 »

1 Answer | Asked in Family Law for Tennessee on
Q: Can I get a prelim hearing involving dcs rescheduled?

I want to hire a lawyer..not satisfied with lawyer the court appointed a week ago..

Ross Matuszak
Ross Matuszak answered on Mar 30, 2021

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...
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1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Iffather is $36,000 behind what can happen in Tennessee if they won't modify or punish him for contemp
Sam  English
Sam English answered on Mar 22, 2021

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 »

1 Answer | Asked in Family Law for Tennessee on
Q: Can I sign power of attorney to the state found out my dad is in the hospital we not spoken 20 years I'm next of kin
Sam  English
Sam English answered on Mar 11, 2021

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.

1 Answer | Asked in Family Law for Tennessee on
Q: In the state of TN does a mother have to have bedrooms for the children for privacy or can they sleep in an open loft?

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 »

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

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...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

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.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

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.

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

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?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

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 »

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I'm in Tennessee, my daughter was born while I was in prison .

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 »

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

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 »

1 Answer | Asked in Family Law for Tennessee on
Q: Ex wife trying to terminate the fathers parental rights Can he counter sue for alienation of affection or full custody?

He is military and in another state was communicating with his daughter through me (grandmother) because she wouldn't answer her phone but was allowing me to see granddaughter as long as she watched us. The ex wife cut off all communication with me because of me letting granddaughter talk to... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

A termination of parental rights case is very serious. He should consider hiring an attorney to determine whether he has any available counterclaims regarding support or custody.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: If admitted into a skilled nursing facility in Tennessee are you still responsible for childsupport

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 »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: How do I get a divorce and sole custody?

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 »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

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...
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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Granddaughters in foster care. How to get them back on an emergency hearing?

Their mother assaulted me an April 10, 2020, pushing me back while I sat in a chair. Causing my head to hit the kitchen cabinets behind me. I filed a police report and they do not locate her that night. They (mother and new husband) lived with us and the granddaughters were already asleep. They... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 14, 2020

Thank you for your question. With the facts you shared, one option is to file a petition for custody of your grandchildren. To get custody, you would have to present several facts to the court, including that the parents of your grandchildren are unfit to care for them. If there has been a finding... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

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 »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

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 »

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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How do I get my 14yr old son back that wants to come live with me I am in Tennessee and he lives in alabama with his

Father whom I was never married to nor is there any custody agreements with the court he came got him 2 1/2 years ago for a visit wouldn't let him come back said he wanted to stay but now my son who is 14 wants to come back to live with me what can I do or do I have more rights

Jenna McDonald Nichols
Jenna McDonald Nichols answered on Nov 11, 2020

Hi there. You absolutely have parental rights that entitle you to have appropriate custody and/or visitation with your son. Because your son has been living in Alabama for the last 2 years, that will be considered the "home state" of the child. You will likely need to file a petition to... Read more »

1 Answer | Asked in Divorce, Family Law and Elder Law for Tennessee on
Q: dad is 69 divorcing has become incapacitated wife placed him in nursing home no contact what can I do
Hannah Burdine
Hannah Burdine answered on Oct 28, 2020

Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: Are there any documents can grant me permission to make legal decisions on my daughter's behalf?

My daughter has been incarcerated for a while and my 15 year old grandson has been in foster care since February 2020. I am a senior citizen and would like for him to come live with me. We have a court appointed attorney who is no help and refuses to share information! This man does not care how... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 23, 2020

You would be wise to hire your own attorney to guide you through the custody process. There's no one document that a minor could sign to give you what you seek. Find an attorney--this is a good website to use.

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