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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: How do you find out what is in deceased mothers will ?

I am asking for a friend , who is the sister of the brother with the will . She lives in Georgia now and just needs to know what is in the will !

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Was the Mother's Will filed for Probate? If so, go to Probate Court and read the Will and File. If not, then the Will has no effect. The Sister could then file for an Administration if needed, but she needs the advice of a competent attorney.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Tennessee on
Q: My brother and I inherited a house and my sister is mediator. If sold would I be entitled to 1/2 or a 3rd of the value?
Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2022

If the Sister also inherited from the Parent, then 1/3 of the net proceeds. I doubt your

Sister is an actual mediator. You may want to hire an attorney to determine heirship, place it of record, then help push the Partition Sale along.

1 Answer | Asked in Family Law for Tennessee on
Q: I need a Tennessee annulment form

Agreed

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will not receive an Annulment by agreement, and it almost inconceivable you will obtain one in any case. I have actually done one in 34 years of practice. Hire an attorney to get an Irreconcilable Differences Divorce.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can be done if an a family member took a laptop and cell phone of a person that just passed home?
Nina Whitehurst
Nina Whitehurst answered on Dec 25, 2021

After being appointed by the probate court, the executor has the power to collect all of the decedents assets, including obtaining court orders to third parties to turn them over to the executor.

1 Answer | Asked in Family Law for Tennessee on
Q: Can my husband, see his daughter even if hasn't been able to pay child support??

His ex wife hasn't allowed him to have any communication for 3yrs. His daughter is 14yrs old.

Hannah Burdine
Hannah Burdine answered on Dec 15, 2021

Yes, your husband should be able to see his daughter even though he is not current on child support. If you petition the court to enforce his parenting time with his daughter, however, beware that the mother could retaliate by coming after him for unpaid child support.

1 Answer | Asked in Family Law for Tennessee on
Q: My son just had a baby . My son lives in Nashville and his baby and mother live in Pooler Georgia. Inquiring visitation

I want to know about getting visitation set for long distance

Hannah Burdine
Hannah Burdine answered on Dec 9, 2021

Hi, it sounds like you may need to contact an attorney in the State of Georgia, because this is the home state of the child. I recommend Jack Strother, III in Savannah, GA. I worked with him when I lived there, and I even hired him to do my own divorce. Mr. Strother has handled child custody cases... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: How do I get guardianship or custody awarded to me of a non biological child?

His mom goes months without talking to him. He is 2yrs old and a type 1 diabetic. I take care of him 98% of the time.

Hannah Burdine
Hannah Burdine answered on Dec 9, 2021

Hi, if the biological parents of the child have left the child with you for an extended period of time, you can petition the court for emergency protective custody on the basis that the child is dependent and neglected.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can a Rule Docket Report's clerk's notes be used as supporting evidence of a ruling where there are no transcripts?

There are no transcripts of any hearing of my case available, however, the clerk's notes clearly state the judge's ruling. Can this be used to support the reason a motion was denied?

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2021

If you are filing an Appeal, you can file a Statement of the Evidence under the Appellate Rules. If a Rule 59 Motion, then just ask the Court to order what you think should be the exact ruling.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How long do you have to try a civil matter after a decision is reversed and remanded on appeal?

Termination of alimony was denied and appealed, then reversed and remanded back to court. How long can this be heard in the trial court? Is there a statute?

Sam  English
Sam English answered on Dec 6, 2021

Unless the Court of Appeals placed a time on the matter being heard, it will be docketed like all other cases for the county.

1 Answer | Asked in Family Law for Tennessee on
Q: Need to know what I have to do to obtain body cam footage from a police officer

My son was arrested and cooperating with the officer and while laying on the ground my son said the officer cussed him and then stomped his head into the ground before handcuffing him

Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2021

Your Son's lawyer needs to specifically request the Video in his Discovery Request at Criminal Court. However Discovery is not available in General Sessions Court, so you may not get it until he is Indicted. If still at Sessions, prepare for a vigorous Preliminary Hearing, especially if... Read more »

1 Answer | Asked in Child Support, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: My minor child’s father passed away. If there is no will, does child support still have to be paid out of the estate?

The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2021

You need to make a claim in the probate case, and don't delay because there are very short deadlines. You should hire an attorney to help you with this.

1 Answer | Asked in Family Law for Tennessee on
Q: If I have a letter signed stating I own half assests is it legal
Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2021

It probably has no legal effect. It might be used to cross examine the other owner in Court, but again it is basically worthless. Alot of properties require Titles, like land and cars. Hire an attorney to advise you.

1 Answer | Asked in Family Law for Tennessee on
Q: Do I have to sign a month to month lease given to me by the new owners when he just bought the apts where I reside?

I just signed a new lease in August that ends in August 2022.

Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2021

If you do not have a contractual right to possession, the lessor/owner can file a Detainer

Warrant to remove you. Make a choice.

1 Answer | Asked in Family Law for Tennessee on
Q: How long does a Temporary parenting plan last
Sam  English
Sam English answered on Oct 19, 2021

It depends. Generally, the TPP is in effect until a Permanent Parenting Plan is reached via agreement or Trial. Some TPP's have dates defined in them. Most do not. Its a Court Order so it will be valid until it is modified. I hope this helps.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: How can you write an objection to a subpoena? Who do you turn it in to? Why does the GAL need all my personal records?

I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.

1 Answer | Asked in Family Law for Tennessee on
Q: “ Notice of unavailability of counsel” from spouses attorney just three days before hearing. I requested this hearing.

This divorce was filed in January of this year by her. However we agreed on it July of 2020. After she’s filed the court hearing was continued by her party. Since then nothing has been done and it’s been months. Which is why I requested a hearing. I have done everything she’s asked for and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Oct 11, 2021

You may consult with a local family law attorney and see if there is anything else that can be done. In general an attorney filing a notice of unavailability will result in the hearing being continued until the next available date. This sounds like your divorce has been dragged out. If there are no... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Family Law for Tennessee on
Q: Can you miss circuit court due to the fact you are in drug rehab (voluntary) or will I be considered contempt of court?
Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

That will be a failure to appear. Get your lawyer to ask for a continuance on those grounds. Do something besides getting a mittimus or capias issued.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Is the charge of aggravated child abuse to a child 9-17. Expungable in the state of Tenn?
Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2021

A Dismissable could be expunged. Conviction is permanent and no expungement.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years of

Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... Read more »

Denania Galloway
Denania Galloway answered on Sep 14, 2021

Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.

Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Hello, I have 2 young children and we've been living separately from their father.

(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 »

Denania Galloway
Denania Galloway answered on Sep 6, 2021

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 »

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