Tennessee Child Custody Questions & Answers
Q: Can I take custody of my biological child if I divorce the bipolar mother?
Bennett James Wills' answer
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
Q: What to do abut my husbanD assault me an one of our children and the judge gives him temporary custody
1 Answer
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Child Custody, Criminal Law and Divorce
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Tennessee
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Answered on Apr 13, 2019
Answered on Apr 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
Q: If the primary physical custodial parents refuses any and all contact with children what can I do
Anthony Marvin Avery's answer
You have to file a Petition For Contempt against the custodial parent for disobeying the Final Decree that awarded child custody and parenting time. It is much better to hire an attorney, but you could file pro se.
You have to file a Petition For Contempt against the custodial parent for disobeying the Final Decree that awarded child custody and parenting time. It is much better to hire an attorney, but you could file pro se.
Q: If a mother did not complete anything asked and judge issued no contact order, how hard would terminating rights be
1 Answer
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Family Law, Adoption, Child Custody and Juvenile Law
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Tennessee
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Answered on Apr 1, 2019
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
Terminating a Parent's Rights is always difficult. The Couple can file a Petition for Adoption which must be served on the Mother as it is attempting to terminate her rights. The Couple must also be fit and proper Parents as they will be scrutinized also by various Parties, Agencies, etc. If successful, the Father will no longer receive Child Support.
Terminating a Parent's Rights is always difficult. The Couple can file a Petition for Adoption which must be served on the Mother as it is attempting to terminate her rights. The Couple must also be fit and proper Parents as they will be scrutinized also by various Parties, Agencies, etc. If successful, the Father will no longer receive Child Support.
Q: My parents have custody of my sister's kids. Can the judge order the 150,000 in child support from their father to them?
1 Answer
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Family Law, Child Custody and Child Support
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Tennessee
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Answered on Mar 28, 2019
Answered on Mar 28, 2019
Leonard Robert Grefseng's answer
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Q: In which state should a motion for modification of custody be filed?
1 Answer
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Family Law, Child Custody and Child Support
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Tennessee
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Answered on Mar 21, 2019
Answered on Mar 21, 2019
Leonard Robert Grefseng's answer
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Q: My ex wife is leaving our four year old daughter alone with a convited felon is there anything I can do
Leonard Robert Grefseng's answer
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Q: Is there a way to give up my parental rights without having to involve the other parent?
Leonard Robert Grefseng's answer
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.
Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and
Leonard Robert Grefseng's answer
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?
1 Answer
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in
Divorce, Family Law, Child Custody and Domestic Violence
for
Tennessee
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Answered on Jan 17, 2019
Answered on Jan 17, 2019
Leonard Robert Grefseng's answer
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
Q: If a father gives mother money before court order receipt is wrote child support and or dr bill. Does it count or gift?
Leonard Robert Grefseng's answer
It is most likely a gift.
The child support order is a court order where the Judge has ordered the father to pay an amount of money, ( in order words, CASH or funds ). The judge did not order the father to buy clothes or pay doctor bills. As a result, unless the Mother just agrees to allow this as a credit, buying clothes or paying doctor bills is NOT complying with the support order.
Consult an experienced family law attorney for advice on your specific situation.
It is most likely a gift.
The child support order is a court order where the Judge has ordered the father to pay an amount of money, ( in order words, CASH or funds ). The judge did not order the father to buy clothes or pay doctor bills. As a result, unless the Mother just agrees to allow this as a credit, buying clothes or paying doctor bills is NOT complying with the support order.
Consult an experienced family law attorney for advice on your specific situation.
Q: Do I half to let my daughters dad know my address? I told him we can meet somewhere for him to pick her up and off.
Leonard Robert Grefseng's answer
Probably yes. In my opinion, every parent is always entitled to know where their child is at all times. Don't you want to know where the child is when he/she is with the father? Trying to keep your residence a secret will probably cause the father to have even more suspicion, so unless you can document ( prove) a prior history of actual violence directed at you personally, and therefore that the father represents a danger to you, you can't keep the child's living conditions a total secret...
Probably yes. In my opinion, every parent is always entitled to know where their child is at all times. Don't you want to know where the child is when he/she is with the father? Trying to keep your residence a secret will probably cause the father to have even more suspicion, so unless you can document ( prove) a prior history of actual violence directed at you personally, and therefore that the father represents a danger to you, you can't keep the child's living conditions a total secret...
Q: I have primary custody of my son. I have told my ex-wife that our child is not suppose to go to her mothers house.
Leonard Robert Grefseng's answer
Unfortunately, if your parenting plan does not currently contain this restriction, the mother can do as she pleases with her parenting time. If the situation represents a real danger to the child ( and keep in mind that you will need to convince a Judge of the danger) you should file a petition to modify the parenting plan
so that the Judge can order the mother to keep the child away from the grandmother. A prior history of illegal drug use does not automatically mean the individual...
Unfortunately, if your parenting plan does not currently contain this restriction, the mother can do as she pleases with her parenting time. If the situation represents a real danger to the child ( and keep in mind that you will need to convince a Judge of the danger) you should file a petition to modify the parenting plan
so that the Judge can order the mother to keep the child away from the grandmother. A prior history of illegal drug use does not automatically mean the individual...
Q: I am a grandfather that has full custody of my grand daughter and the mother has taken her out of school without permiss
Leonard Robert Grefseng's answer
Very possible- call local law enforcement and make a report. It may be called "custodial inference" or "parental kidnapping"
Very possible- call local law enforcement and make a report. It may be called "custodial inference" or "parental kidnapping"
Q: In Tennessee can a mother keep the children from the father if there is NO divorce or parenting plan
Leonard Robert Grefseng's answer
Probably YES, she can move. In Tennessee, children born "out of wedlock" ( the biological parents are not married) are deemed to be in the sole custody and control of the MOTHER since there can be questions about exactly who is the father. The only way to change this is for the father to file court papers and assert his rights by proving ( getting DNA tests) that he is the biological father. As your question says there is not yet any court order or parenting plan, the MOTHER is the legal...
Probably YES, she can move. In Tennessee, children born "out of wedlock" ( the biological parents are not married) are deemed to be in the sole custody and control of the MOTHER since there can be questions about exactly who is the father. The only way to change this is for the father to file court papers and assert his rights by proving ( getting DNA tests) that he is the biological father. As your question says there is not yet any court order or parenting plan, the MOTHER is the legal...
Q: Ramifications to allowing my children to live with their father and his addict wife?
Leonard Robert Grefseng's answer
I am not sure I understand your question: in my opinion, it would reflect badly on any parent who would allow their children to be around drug use and drug addict behavior. However, you do not specify the age and maturity of your children. That age and maturity is also important when evaluating their desire to live with their father. in summary, much more information is needed to advise you- consult an experienced family law attorney for advice on your specific situation. If you already have...
I am not sure I understand your question: in my opinion, it would reflect badly on any parent who would allow their children to be around drug use and drug addict behavior. However, you do not specify the age and maturity of your children. That age and maturity is also important when evaluating their desire to live with their father. in summary, much more information is needed to advise you- consult an experienced family law attorney for advice on your specific situation. If you already have...
Q: Is it legal for a 16 year old to leave home without parental consent?
Leonard Robert Grefseng's answer
Your question is unclear- when you say "leave home," I assume you mean to move out with the intention of staying forever or indefinitely. If so, this would not be "legal." This child still under age 18 is a minor and could be considered a runaway or unruly by a Juvenile Court Judge.
Your question is unclear- when you say "leave home," I assume you mean to move out with the intention of staying forever or indefinitely. If so, this would not be "legal." This child still under age 18 is a minor and could be considered a runaway or unruly by a Juvenile Court Judge.
Q: Thanksgiving is divided by agreement but papers dont say who gets them first. How do we know?
Leonard Robert Grefseng's answer
There Is no Tennessee Statute, If the papers are truly ambiguous, I suggest that whoever is named primary residential parent should pick the day they want, and the other parent gets what's left. Or maybe just flip a coin to decide who gets to pick.
There Is no Tennessee Statute, If the papers are truly ambiguous, I suggest that whoever is named primary residential parent should pick the day they want, and the other parent gets what's left. Or maybe just flip a coin to decide who gets to pick.
Q: My daughter's biological father (never married no parenting plan) is refusing to let her go on a camping trip.
Leonard Robert Grefseng's answer
You are correct on the statute- however, if there was a child support case, there may be an order confirming paternity and that order might also state you are the primary residential parent. If his name is not on the child's birth certificate, you might show him that also along with the statute.
You are correct on the statute- however, if there was a child support case, there may be an order confirming paternity and that order might also state you are the primary residential parent. If his name is not on the child's birth certificate, you might show him that also along with the statute.
Q: my son and his ex girlfriend have a 3 yr old son. its been over a year since she let him see him. does he have rights?
Leonard Robert Grefseng's answer
If there is has never been a court proceeding to establish or confirm paternity, he needs to file a request for that in the county where the child resides, The Judge in that case will set child support and a "parenting time" schedule which allow BOTH parents to have time with the child. If she refuses to obey the court ordered schedule, she can be held in contempt of court and punished ( Jail!). Consult an experienced family law attorney for specific advice on your situation.
If there is has never been a court proceeding to establish or confirm paternity, he needs to file a request for that in the county where the child resides, The Judge in that case will set child support and a "parenting time" schedule which allow BOTH parents to have time with the child. If she refuses to obey the court ordered schedule, she can be held in contempt of court and punished ( Jail!). Consult an experienced family law attorney for specific advice on your situation.
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