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Tennessee Child Custody Questions & Answers

1 Answer | Asked in Child Custody for Tennessee on

Q: How do I go about legal guardianship of my granddaughter

Anthony M. Avery answered on Sep 16, 2019

Hire a competent attorney to file the Petition For Guardianship. As a Grandparent, the parents are going to have to be served and will probably contest it.

1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on

Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »

Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: I turn 18 in october, but i’m still in high school. Can i legally move out in the state of Tennessee when i turn 18?

Leonard Robert Grefseng answered on Sep 10, 2019

At age 18, any person is considered an adult in Tennessee ( except for the purchase or consumption of alcohol, for which the minimum age is 21).

The real issue, which is not stated in your question, is whether you should move out: do you have the maturity and resources to live...
Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: Would the courts go back and use texts and pictures 4 years back

4 years ago I got custody of my granddaughter due to my daughter getting in trouble, the other grandmother was on the order to help me while I work on Saturday, it lasted not even 6 weeks. When my daughter got out of jail. The other grandmother stop helping me so with my daughter couldn’t be... Read more »

Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Child Custody for Tennessee on

Q: In a custody case can someone use texts and pictures 4 years back

4 years ago my daughter went to jail over drugs, I got custody of my granddaughter, after staying clean for 3 and half years, she lost her son and relapsed, now she is back in jail and her lawyer is trying to get her in rehab. Now I’m having to fight for custody with the other grandmother who... Read more »

Bennett James Wills answered on Aug 28, 2019

Depends on if the proffered evidence is admissible. Consult local counsel for advice.

1 Answer | Asked in Child Custody for Tennessee on

Q: Can the courts use texts or pictures from 4 years back on a custody case

I had custody of my granddaughter 2015 until 2016 my daughter stayed cleaned for 4 years and released now I'm going for my granddaughter and so is the other grandmother who hadnt had a relationship with her the other grandmother is stating she has texts and pictures where I left my daughter... Read more »

Bennett James Wills answered on Aug 23, 2019

Depends on whether the court determines those pictures and texts to be relevant and admissible. They may not be relevant being four years old.

1 Answer | Asked in Child Custody for Tennessee on

Q: How does a father get full custody in Tennessee?

My boyfriends children (3 and 2) have been with him over a year now, only seeing the biological mother 3 times in one year.

He is wanting full custody of them.

Bennett James Wills answered on Aug 15, 2019

He would file a complaint for custody and child support with the circuit court in the county where he resides. There are forms available online from the State of Tennessee - but it would be wise to consult with local counsel to determine his best course of action. These cases can be complicated.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will

still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... Read more »

Leonard Robert Grefseng answered on Aug 14, 2019

In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: Can I overturn a verdict based on the service of process. Hearing stated my whereabouts were unknown.

Emergency custody hearing.

Bennett James Wills answered on Aug 12, 2019

The timeline of events is important. An attorney would need much more information to evaluate your case and determine your options. Consult with a local attorney asap to determine your rights.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?

Bennett James Wills answered on Aug 12, 2019

It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on

Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng answered on Aug 7, 2019

Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.

1 Answer | Asked in Child Custody and Child Support for Tennessee on

Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.

She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?

Leonard Robert Grefseng answered on Aug 5, 2019

Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: I've been trying to find a lawyer for quite some time now. I need a lawyer to petion the court for custody of my niece

She was born 11-05-2016. I had her until 03-2018. Which her biological mother had another baby born positive for drugs. Crittenden county DHS TOOK custody of both children. I've went to all court dates until crittenden county dhs supervisor told me to petion the court and has not given me... Read more »

Anthony M. Avery answered on Jul 31, 2019

Apparently Jurisdiction lies in Arkansas, not Tennessee, at least at this stage. So you are asking for help in the wrong State. Start calling Arkansas Attorneys.

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: What do I need to do to be emancipated in Williamson county TN

What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »

Anthony M. Avery answered on Jul 19, 2019

You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.

You will have plenty of time to be a responsible taxpayer in two...
Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: As of 6/29/19 I will be a resident of TN for 6 months and need to have my custody case transferred.

Additionally, I need to see what can be done to hold my ex in contempt for not returning my son by the date/time he was supposed too, not allowing a family member to pick up my son and bring him to me on the date he was due back, not allowing him to speak to me while he was gone for 43 day (maybe... Read more »

Paul E. Tennison answered on Jul 17, 2019

From that description, you have a significant number of potential legal issues. I recommend you consult with a local family law attorney. You would need to transfer the case to Tennessee before you could file for contempt. Your easier route for the contempt action could be filing for contempt in... Read more »

1 Answer | Asked in Contracts, Child Custody and Child Support for Tennessee on

Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?

Mr. James Charles Wright answered on Jul 16, 2019

It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.

1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Tennessee on

Q: My daughter’s father and I have an established parenting plan. He comes and goes as he pleases and also does not pay

His child support. He also doesn’t have a place to live or a car. He was arrested for a felony drug charge recently. Is that enough to file a request to stop visits or ask for supervised visits?

Leonard Robert Grefseng answered on Jul 15, 2019

Those are certainly reasons to be concerned, but since your question doesn't mention the age of the child ( and lots of other factors the Judge has to consider) no lawyer can provide a guaranteed result. Will cutting off the child's relationship with her father truly benefit the child? If the... Read more »

1 Answer | Asked in Child Custody for Tennessee on

Q: can I use a Tennessee attorney who is licensed in FL, for FL case

It is to change my time sharing with my children, originally filed in FL, I live in TN

Bennett James Wills answered on Jul 10, 2019

If an attorney is licensed in both states then yes, you can use the same lawyer. But your expenses and attorney's fees may significantly increase if the Tenn. lawyer has to travel to Florida for hearings and such.

1 Answer | Asked in Child Custody for Tennessee on

Q: Do judges ever grant full custody back to a parent who currently has supervised visitation only?

Paul E. Tennison answered on Jul 3, 2019

I am unaware of a case in which that has happened. I imagine there may have been some cases in which that has happened though. Tennessee child custody law is concerned with the best interest of the child. If the parent who currently only has supervised visitation can show changed circumstances that... Read more »

1 Answer | Asked in Child Custody for Tennessee on

Q: Abusive ex re-opening custody case

A judge found my ex abusive of our children during his visitations with them and issued a restraining order and court-ordered therapy. The case was closed. It's two years later and my ex is re-opening the case. What is the process? My oldest is 11 and wants nothing to do with the visits. She has... Read more »

Paul E. Tennison answered on Jul 2, 2019

If a Judge made a finding of fact that your ex was abusive, then your ex should have quite an uphill battle in convincing any Court that he is rehabilitated enough to have visitation at any point in the future. I recommend you consult with an experienced family law attorney in your area.... Read more »

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