Tennessee Questions & Answers

Q: How long is the certificate for parenting class completion valid in TN?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 23, 2017

I'm not sure I understand the question- I am assuming you attended the parenting class as part of the divorce back in 2009 as the parenting plan required it, and upon completion, you filed your certificate with the court clerk to prove your attendance. If all this was done, you are in compliance- you don't have to keep re-taking the class as part of new proceedings. However, it can't hurt to take the class again, you might gain new insights and perspectives that will help settle this new...
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Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee on
Answered on Mar 23, 2017

Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
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Q: Is a Land Contract made with two buyers, but only signed by one buyer still valid with the signing buyer?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 23, 2017

Probably not, contracts for the sale of real estate must be in writing, and if all owners did not sign, they are not bound by the contract. However, if the one that did sign had authority to represent the other, the signature of the one would be enough to bind both. However, this would have to be apparent on the document itself, in other words, there would have to be language/wording clearing showing that the one signature was intended to be in a representative capacity. For example: John Doe...
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Q: Is there any way to take the biological father off of the birth certificate?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 22, 2017

No, what you are asking is not allowed. If another man was willing to adopt the child, the biological father's "parental rights" could be terminated in order to complete the adoption, and the adoption will result in a new birth certificate being issued with the adoptive father being listed as father.
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Q: Do I need court approval for my pregnant minor daughter to get married? Live in Tennessee. Willing to sign papers.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Mar 22, 2017

No, but you will need to provide the consent when they apply for a marriage license.
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Q: Can we file for divorce ourselves if we own property?

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 21, 2017

You are correct- there is no law requiring you to have an attorney- you can always represent yourself.If you sign a deed giving your husband the land, then you have covered it.
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Q: Hello i live in tn.. ...my son is 18 and still going to school.dont live at home .do i still have to pay child support

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 21, 2017

Child support is required till the child turns 18 or graduates from high school, whichever is LAST to occur.Sounds like you must pay until the child graduates- but if he has failed a grade after starting high school, it could terminate.
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Q: My father passed away and the attorney said the home would be outside of probate according to will written???????

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Mar 21, 2017

Ask the attorney to clarify his explanation. There is not enough information in your question to give you an definite answer. One reason a piece of real property (like a house) might pass outside of probate could be due to the nature of the ownership. If your father had placed title to the home during his life into a living trust to benefit you and the three other beneficiaries, the trust owns the house and your father did not when he died. Thus the home would not pass through his probate...
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Q: If me and my kids dad have joint custody and he doesnt send them to school or appointments when he has them what do i do

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Answered on Mar 21, 2017

It sounds like its time to modify the parenting plan- if the father won't fulfill the childrens needs during his parenting time, then perhaps his parenting time needs to be reduced. First, you should put you concerns in writing to him, ( keep a copy of what you send) and if the situation does not improve, try to document the failures ( keep records). In other words, keep in mind that you are getting ready for court, and you will need to prove in court what is happening. If he doesn't correct...
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Q: Can I go to jail for not allowing a non custodial parent's visitation rights?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Mar 20, 2017

YES- if you do not comply with a parenting plan order, ( or any court order) you can be held in contempt and sanctioned with jail time.
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Q: Can the landlord enter premises without me home without an emergency

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Mar 20, 2017

Most importantly, if you have a written lease, the terms of that contract will control. Get a copy and read it carefully. Many leases will contain a "covenant of quiet enjoyment," which generally says your possession of the leased premises will not be disturbed. Entry without your permission is therefore generally prohibited, but again, this could be modified by the lease. If there is a right of inspection in the lease, I think it would be limited to simply confirming that the lease is being...
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Q: Hello, I am 15 years old. I want to know how to get emancipated once I turn 16 (6 months) its very urgent. Please help

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Answered on Mar 20, 2017

To request emancipation, you have to prepare and file ( at the courthouse) a written petition requesting the Judge order that you be deemed an adult. A copy will have to be served ( delivered) to both parents. If you parents don't object, you petition will be granted. If they do object, a hearing will have to be scheduled for the Judge to hear testimony from both you and your parents. You need to obtain proof of your claims as well ( video or audio recordings or photographs).
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Q: What is the statute of limitations for forged checks and debit card info? State of Tennessee

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Mar 20, 2017

It will depend on the amount of money involved- I assume you are referring to a criminal prosecution. Any misdemeanor must be charged within one year. If the amount involved is over $500, its considered a felony, which allows a longer period of time.
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Q: I'm pregnant with my husbands child and we both agree a divorce is necessary at this point. Would a judge allow this?

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 20, 2017

Yes, it is possible to get a divorce while pregnant. However, you will probably have to modify the divorce settlement immediately after the child is born because the law requires that a child support obligation be confirmed and you can't set that up for child who is not yet born.
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Q: It was less than a year old

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Mar 18, 2017

Not sure what the question was. Assuming the question is malpractice,contact a member of the Tenn. Trial Lawyers Assn --they give free consults and can get you started.
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Q: In a lease with an option to purchase, must there be a definite term/date in which the tenant must exercise the option?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Mar 17, 2017

This can't be answered without a thorough review of the lease. Generally, if no time limit is specified, the law implies a "reasonable time" - what is "reasonable" depends on the circumstances of the particular case. There is no situation where some right or obligation lasts forever. The wording of the lease ( and more specifically, the option) will be a big factor.
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Q: Is there a legal way to get my ex's ss#. I need it for our kids' doctor visits and he refuses to give it to me.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Mar 17, 2017

If you ever filed a joint tax return, get a copy of that return. It should be on the tax return. Same thing goes for any old loan applications or bank accounts. You can't force him to tell you. Also, if you're divorced, there 's no reason

why a doctor's office should need this info- I assume you are the primary residential parent.
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Q: Wife wants car thats in my name

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 17, 2017

Your question is unclear- I assume you are in the midst of a divorce case. Anything ( regardless of whose name is on the tile certificate) acquired during the marriage can be classified as marital property. If the judge classifies it as a marital asset, it can be awarded to either spouse, or he could order it to be sold and divide the proceeds in some way ( not necessarily equally). The bigger question is : who drove/used the car on the most frequent basis?

If she never drove it, and...
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Q: I have no means to hire a lawyer and my spouse refuses to sign divorce papers so how could I go about away he would have

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 16, 2017

There are basically two types of divorce cases in TN- an "agreed divorce" which the law calls "irreconcilable differences" where both spouses sign to show their agreement. The second type of case is a divorce based on "fault" ( some bad conduct like adultery, drunkenness, etc or most often, "inappropriate marital conduct") where the judge awards the divorce to the less guilty party. In the second kind of case, you file papers at the court clerk's office, pay the filing fee and the sheriff goes...
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Q: Hi I have person loan.i file I-130a for my hunsband .does this effect his immgreation file.

1 Answer | Asked in Immigration Law for Tennessee on
Answered on Mar 16, 2017

This loan should not affect your ability to be a financial sponsor for your husband. Your adjusted gross income (AGI) must meet or exceed125% of the income poverty guidelines. Viz: https://www.uscis.gov/i-864p
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