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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: I need help regarding a parenting plan, a written agreement and a motion for contempt.

We have an active parenting plan, he is not following, we have a written agreement between us regarding my son’s marching band and cross country that he violated this past weekend, he kept our children past the drop off time and law enforcement refused to help, along with him speaking Ill of me... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Use the search function on this site to find a family law attorney near you for assistance.

1 Answer | Asked in Family Law for Tennessee on
Q: Where can I locate a statute from the 1993 Mississippi Code concerning power of attorney?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 7, 2022

Some law libraries will have a Mississippi Code. Or you might find it on the internet. It may be tricky finding what statute was in effect in 1993, but subsequent laws may supersede an earlier one.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Scott John Terry
Scott John Terry
answered on Aug 2, 2022

Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... Read more »

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1 Answer | Asked in Family Law for Tennessee on
Q: My mom is in a nursing home. She has dementia. I have conservatorship and Power of attorney. Can I sell Her truck?

I don’t have room to

Continue to store it at my house and the funds would be helpful with any expenses later on for her.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 31, 2022

Since you have a Conservatorship, move the Court for authority to sell the Ward's property.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... Read more »

Cayley Turrin
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Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If my nephew owes legal restitution in tennessee and is about to inherit money can the courts take his inheritance?

My nephews grandfather passed and he inherited money can the courts take it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2022

Yes...Nephew needs an attorney, and maybe this could end supervised probation.

1 Answer | Asked in Immigration Law and Family Law for Tennessee on
Q: how much does it cost to get the help I need as us citizens for my wife to get her adjustment of states as a student

marriage green card

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A US citizen can sponsor his wife who entered the country on a student visa, and thereby adjust status to get a green card. This is true even if your wife is currently out of status. Any lawyer from any state can represent both of you in this process. Some of us handle these types of cases on a... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can i file contempt of court on my ex husband for not letting me get our daughter on my weekends?

I am suppose to get our daughter the 3rd weekend of every month an since February 2022 he has blocked me from having any contact with her an want let her come. I believe they have moved to North Carolina also but im not forsure.

Bennett James Wills
Bennett James Wills
answered on Jul 5, 2022

If he has violated the court's orders, and moved without following the procedure in the statute regarding moving, then you could seek contempt. You are also allowed uninterrupted phones calls with the minor during your non-custodial time by statute. Consult local counsel to see whether you can... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can a notary notarize my will and be one of the 2 witnesses?

We went to the bank during COVID to have our will notarized; there were only 2 people at the bank therefore, the notary notarized it, signed as a witness and the other person was the 2nd witness. Is this valid/legal or do I need to have it redone? We drew up the will ourselves online.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 7, 2022

Will execution must be perfect and you will need a competent attorney. The need for Probate must be examined first, then you plan your Estate. Otherwise after you die it will be a mess, and the proposed document will be thrown out.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Where do I get the forms to file for adoption for a stepparent?

The person that is listed on the birth certificate has not been in her life for 6 years, no contact, no child support nothing. How do I go ahead and file this?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 7, 2022

Adoptions are usually complicated. You will need to hire a competent attorney and have all the contact information for all interested parties. Your case probably involves termination of parental rights.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Do grandparents have to pay the child support if their minor child gets someone pregnant?
Sam  English
PREMIUM
Sam English
answered on Jun 2, 2022

No. There is no responsibility for child support except from parents. As minors, the court will not enforce child support but it will be accounted for when the child emancipates.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can guardians of minor, of an unprobated estate, no will, take items (cars) from estate and register in their names?

17 yo boy, guardians were in place till he was 18 (5 months) They registered 2 cars that belonged to boys grandmother in their name after her death. No will. They just said the grandmother told them they could have them. Never got the boy the SSI he was entitled to either. No other heirs.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 1, 2022

If the boy is the Next Of Kin, then the cars are his property. If not, then the rightful Next Of Kin should file suit in Chancery. You are not allowed to sit on your rights.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: Can you get an annulment in TN after 16 years of marriage that began while you were still married to your first wife

You found out you were still married to your first wife after 3 years of marriage to your 2nd wife and you then divorced your first wife however did not remarry your 2nd wife. Does this mean your 2nd marriage is invalid? Can the person who was married be liable and go to jail for bigamy after... Read more »

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

The second marriage is invalid. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: So I was arrested and the officer that arrested me happened to be a family member is that a conflict of interest
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 4, 2022

No.. LEOs are not subject to ethical constraints.

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