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Tennessee Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: I am wanting to get a divorce from my alcoholic husband and want custody of our daughter, where do I start

I am concerned if he will drive drunk with her or pass out with her in his care.

He refuses rehab.

I have been a stay at home mom and need to know where to start.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 31, 2020

I would suggest that you immediately get an order of protection from the police department so that he cannot be around her. The next step is to hire a competent local attorney to file a Complaint for divorce. Once that is done, he/she can get and order of protection with the court. With regard... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Tennessee on
Q: I’m the dad was not ever married daughter is now 16 lives with 21 year old I wasn’t informed what is my options

Do I still have to pay child support she will be 17 in 8/10/2020 what’s my legal opt I do have visitation rights

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 28, 2020

Hire a local family law attorney and proceed according to their suggestions.

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: To file a Proposed Parenting Plan do you have to file with the Circuit Court Clerk?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

It depends on whether your divorce is filed in Circuit Court or Chancery Court. You can't just file a Permanent Parenting Plan unless there is a divorce action begun with a Complaint. I would consult a local divorce lawyer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: In Tennessee can health issues prevent the father from visitation out of the state?

She is 8mths old he is filing for paternity and visitation. I live in Tennesssee and he lives in Virginia! She has heart and urinary tract issues! She has regular heart doc appointments and had to go to er frequently since birth over her urinary issues and needs to be close to her doctors! Also... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 17, 2020

Tennessee Courts use the best interest of the child analysis to determine custody and visitation decisions. The health concerns of the child are important and should be taken into account under Tennessee law. You mention that the Father lives in VA. Thus, I am not sure if the Father filed this... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: My husband is in jail we share 2 children. I'm in fear of what he will do when he gets out.

I have an order of protection for me and my children he is in jail looking at prison time for drugs. I have now been seeing my boyfriend for a few months and he wants us to move in with him to keep us safe. My husband has told me many times the only way I was leaving him is in a body bag. But... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 16, 2020

You talk about your divorce in your question. Have you filed for divorce? If you have, then I would talk to your attorney about how to proceed. If you have not filed, then I would get an attorney and file as soon as possible.

1 Answer | Asked in Adoption, Child Custody and Child Support for Tennessee on
Q: I am needing to speak with someone about abandonment of a child and contemt of court and maybe even adoption
Paul E. Tennison
Paul E. Tennison answered on Jun 15, 2020

There are many ways to find an attorney. Justia has a find a lawyer feature at the top of each page. Additionally you could try Google or other online lawyer listings. Good luck.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do know how far I can move since non custodial parent doesn't live in state anymore and hasn't seen kids in 3 years?

Parenting plan in TN. Non custodial parent moved out of state 3 years ago, hasn't seen kids since. I want to relocate out of state. Don't have a current address for their father. Plan says I can't move more than 50 miles from his address, but he lives in another state. I got in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 15, 2020

I recommend you consult with an experienced family law attorney for an answer to these questions. I am sure there are ways to locate the non-custodial parent so you could send the notice to his current address. Good luck

1 Answer | Asked in Child Custody and Juvenile Law for Tennessee on
Q: Can a 17 year old leave home with an 18 year old and live together with the 18 year old helping to take care of them ?

This is a question with the laws of Tennessee because I frankly have no clue, and would love a more simple answer then a very long 5 page written answer preferably only a 2 page answer or shorter . Thank you ! And sorry .

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Jun 11, 2020

If the parents of the 17 year old approve, then yes.

If the parents of the 17 year old do not approve, then maybe.

Maybe because . . . it exposes the 17 year old to a charge of juvenile "unruliness" and being placed in the protective custody of the Tennessee Department of...
Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can I get my daughter taken of I don’t have a job right now but her paternal father does? She’s has everything.

I had a baby 7 months ago and I’m not ready to go back to work yet My boyfriend works and pays the Bills and gets everything we need I have a 6 year old daughter with my Ex and he and his girlfriend have jobs with me not having a job and staying home with my children make me an unfit parent and... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jun 3, 2020

Just because you are unemployed does not in itself make you an unfit parent. You have to engage or allow a child to be danger of severe harm to be declared unfit.

1 Answer | Asked in Child Custody for Tennessee on
Q: What kind of document can I file in juvenile court in Tn, to get custody of grandkids. I live in Ky.

Granddaughter said uncle has been touching her. And dad has violent temper. Granddaughter sent text begging for help. Only reason Cps didn’t give them to me, was because I’m in Ky. But only one hour away.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 29, 2020

Retain counsel in the TN jurisdiction with family law experience. File a dependency and neglect petition and ask for a protective custody order. Most likely a home inspection will be required, but it is not impossible. Get an attorney. Good Luck to you.

1 Answer | Asked in Child Custody for Tennessee on
Q: childs mom on drugs and neglecting him, I want to take him away with me, what should I do, and can she stop me.

We’re not married, and I’m on the birth certificate as the father, I want to take him out of state. We will be living with family until I can secure a job and housing. I’m about to file for emergency custody, is there anything I should know that would help me keep my child

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 27, 2020

If you believe your child is being abused and/or neglected by mother's drug abuse then you are a mandatory reporter and required under law to report it. The Tennessee Child Abuse Hotline is 877-237-0004. You need to retain a local seasoned family law attorney to file a petition for dependent... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Child is mine, ex husband on birth certificate. Divorce papers state he’s not the father. I need paternity!

In divorce papers he admits he’s not the father. I have raised him for 4 yrs. He’s never had any part in raising my son. They are divorced but apparently a step was skipped. State will not allow us to change birth certificate.

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

You will have to file a Petition To Establish Paternity. All interested parties must be joined. I recommend you file in Chancery. One of the things you are trying to get the Court to do is to order the issuance of a new Certificate of Birth.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: How do you justify that a home is "otherwise harmful to you" in terms of getting emancipated?

I have all the other necessary requirements: job, money, living situation, maturity, transportation, etc., but if my parents don't agree to emancipation, how do I justify that it is necessary for me to be emancipated? I know it is, but how is it objectively determined? In other words, when I... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 23, 2020

As a minor, you cannot file the petition yourself. You must have some adult or what is referred to as a "Next Friend" file it for you. It can be anyone familiar with your circumstances.

1 Answer | Asked in Child Custody for Tennessee on
Q: I was awarded custody of my 7 year old great grandaughter by juvenile court.what do I need to do to give my daughter

Custody if anything should happen to me.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 21, 2020

Was your daughter, the grandmother of the child? If so, was she considered for placement before you? The reason I am asking is if she was considered for placement or custody by the court and rejected, it will make it more difficult. If she was not considered by the court, and you feel comfortable... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Daughter's friend kicked out of her mother's home she is 17. Asking to move in with us. What are steps to make legal?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 19, 2020

You are in a precarious situation. Harboring a runaway is a crime and if the mother wants to vengeful, she could make that argument. If you believe, as you question suggest, failure to provide for a minor is neglect and abuse. Everyone in Tennessee is a mandatory reporter for neglect and abuse. The... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: How do i contact to help me file an petition on an custody case?
Bennett James Wills
Bennett James Wills answered on May 14, 2020

You can use the search functions on this site or many others to find an attorney that practices family law. Call around and see who you like and would be comfortable hiring. If money is an issue, you could also call around to local legal aid clinics or local bar associations for referrals. There... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Paying support for years w/o a court order just by verbal agreement with other parent.

I have paid support on my child for 10 years with no C.O. Other parent is denying visitation now. If I take other parent to court and they find my support order should be more will I be held in arrears even though other parent never filed motion for child support in 10 years.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 13, 2020

I hope you did not pay her in cash with no receipts. Currently, the Courts are instructed to only go back 5 years without a specific finding it should go back further. Additionally, if you have not be deemed to be the legal, not only the biological father of the child, then you must legitimize the... Read more »

2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Is a discovery request by an attorney court ordered?
Bennett James Wills
Bennett James Wills answered on May 11, 2020

Discovery is mandated by the rules of civil procedure. If one fails to respond to discovery, an attorney can seek sanctions.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Q: Hello. I am seeking some information about my current situation. I live in Mt. Juliet TN

My situation is fairly complicated. We were married by a Hindu Custom Religious marriage in 2007 in Los Angeles California. However our priests are not officiated, therefor in the state of TN it is not considered to be "legal". I am now separating with him and have 2 children together. Am... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 1, 2020

You need to consult with a local family law attorney to see if you are indeed married and to begin getting child support whether or not you are legally married.

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