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Tennessee Child Custody Questions & Answers

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

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?

We pay her money to help her out every month for childcare etc....my son hasnt had a job in a while, but he should still b able to see him. Its hurting the child to not see his dad.... when he was 1 1/2 yrs old she told my son that the child may not be his. She had been sleeping with my sons best... Read more »

Leonard Robert Grefseng answered on Oct 24, 2018

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... Read more »

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

Q: Would I get In trouble if i took my kids over state lines trying to run away from my abusive husband? No court papers

No papers have been filed with the court. He told me that he would kill me and dispose of my body and noone would ever find me

Leonard Robert Grefseng answered on Oct 24, 2018

You should report the threat to your local police. Running away won't solve the problem. Seek advice from friends and family as to how to insure your protection. Ultimately, you should consult an experienced divorce lawyer - it sounds like this relationship is over so the real solution is a... Read more »

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

Q: My ex's parent has custody of my kids and from June and even now my visitation is not happening so what can I do

Leonard Robert Grefseng answered on Oct 16, 2018

If you have court ordered parenting time ( visitation) and the custodians are willfully denying you that time, they are in contempt of court for disobeying the court order. All this must be proven in court. The process begins with you filing a written petition with the court clerk. Consult an... Read more »

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

Q: If your not 15 but 12 would it still be illegal to date a 18- year old

Leonard Robert Grefseng answered on Oct 15, 2018

This age difference is highly inappropriate. There should be no relationship.

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

Q: How can I motion the court about the custody of my children in Tennessee from MN? We are MN residents kids in dcs tn

I have been actively doing everything dcs requested but they in return are keeping my kids more and more away from me I even got a house in Tennessee and started working at 3 different jobs I haven't seen my kids only but twice and our phonecalls have been taken away w/out court children told me... Read more »

David C. Veazey answered on Oct 10, 2018

You raise a lot of issues. Since you have a court-appointed attorney, you need to make use of that as best you can. If you believe the attorney is not representing you effectively, first try to schedule a time to meet with her. Bring up your concerns and ask her what you need to do to get your... Read more »

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

Q: My ex wants to take me back to court to reduce his child support by asking do 50/50. I have been primary parent for

Since our divorce 4 years ago. I take him to all extra curricular activities & doctor appointment. He has only taken him to 1 and I had to beg him to do that. I’m a realtor and he thinks I’m making millions of dollars. (I wish) our daughter aged out this year. I’m going to have to pay for... Read more »

Leonard Robert Grefseng answered on Aug 23, 2018

Modification of a parenting plan requires a showing in court of a "material change of circumstances"- which is heavily fact dependent, or in other words, on a case by case basis., each case to be examined on its own. Unfortunately, college expense for the other child is of no importance- no parent... Read more »

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

Q: My ex wants to take me back to court for 50/50. I have primary residential custody and have for the last four years.

After my daughter aged out he wants to pay less for my son so he is taking me to court for 50/50. My son will be 16 in Feb. He lives almost if not an hour away. He has taken him to one dr. appt. in the last 4 years. I had to beg him to do that. I am the one who takes him to all extra actiities.... Read more »

Bennett James Wills answered on Aug 20, 2018

To change custody the petitioner would need to demonstrate a material change in circumstances. If nothing has really changed, then he may not prevail. If, however, you hire counsel and do prevail, the court, at its discretion, is permitted to award you with your reasonable attorney's fees per... Read more »

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

Q: Married couple have a son they are not living together and the wife won't let the husband see the son what can be done?

Leonard Robert Grefseng answered on Jul 3, 2018

File for divorce and propose a parenting plan.

2 Answers | Asked in Child Custody, Criminal Law and Juvenile Law for Tennessee on

Q: Is it a punishable offense to repeatedly “whip” a child with a belt to the point bruises are visible days later?

A parent has repeatedly used a belt on a 5 year old to where bruises of various colors are visible by the other parent. The parents are separated, never married and have 50/50 visitation. The children are returned to the primary custodial parent with bruises and have been threatened to not tell... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 22, 2018

Yes. That is child abuse.

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1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on

Q: I am married with two children, can I move from Tennessee back to Missouri with my children?

There is no current court ordered custody plan in place. My husband is mentally, emotionally and verbally abusive and controlling. I need to get out. My family is back in Kansas City mo so I have a safe place to go I just need to know if it’s legal? If it’s possible? Can I file for temporary... Read more »

Bennett James Wills answered on Jun 18, 2018

To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.

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

Q: How do I go by updating a custody/child support order? Neither I nor my kids father lives in the states we got the orde.

I live in Tennessee, I don't know where he lives because he won't tell me. The order was done in Mississippi and he lived in Hawaii at the time because he's in the Marines.

Leonard Robert Grefseng answered on Jun 3, 2018

In Tennessee, every judicial district has a local district attorney, and almost every district attorney has a section of their office devoted to the collection of child support. Consult with the local child support office in your district to determine how to proceed- it's a free service. If your ex... Read more »

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

Q: In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?

The child is 2 years old. A parenting plan has just been recently agreed upon by both parents and made legal. My question is what do you do if the mother is withholding your child from you? Or what will happen in this case? If law enforcement's were to be called and she still refuses to hand the... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child... Read more »

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

Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.

A policeman called dhr on me due to domestic violence in my home regarding my ex boyfriend. This was the third incident that led to them getting involved. I don't use drugs and my child wasn't harmed. How long is the whole process once dhr becomes involved, and how long will it be before they will... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for... Read more »

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

Q: What are our options?

My husband and his ex were never married. They have a 9yr old boy and she gave him to my husband a little over 5yrs ago due to her being in am abusive relationship and being unable to take care of him. She lives in Alabama and 2yrs ago DHR removed her 2nd child age 3 at the time and placed her... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her... Read more »

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

Q: What are examples of exitgent circumstances when it comes to a parents relocation on a parent plan

Kimberly K. Schreiber answered on May 23, 2018

If you are trying to move, you must follow the Parental Relocation Statute. It is on the last page of your current Parenting Plan. You can also look it up under TCA 36-6-108. Exigent circumstances could be a job loss, a sick family member that needs care, loss of a home to fire, and many others.... Read more »

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

Q: My son wife wants to take their 2 year old and leave state can she do that if he don't want her to take their son

She said she is gonna leave my son and take their child to another state to live thay have all lived in my home since before the 2 year old was can she take my sons child and leave state if my son don't want her to leave with their son she can leave if she wants to he don't want to let her take... Read more »

Kimberly K. Schreiber answered on May 23, 2018

Do they have any sort of Parenting Plan through the court? If not, he needs to file a Petition in juvenile court to establish his rights. Once that has been established, he will have court ordered parenting time. Mom would have to notify your son under the Parental Relocation Statute if she... Read more »

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

Q: I have a 22 year old daughter who moved back home with a 2 year old and a new born ,it's not good can I kick her out

Leonard Robert Grefseng answered on May 16, 2018

The duty of support for any child ends when they turn age 18 or graduate from high school, whichever event is last to occur.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Tennessee on

Q: I was married in Louisiana I currently reside in Tennessee how do I divorce my spouse and get custody issues settled

Spouse currently lives in Louisiana

Leonard Robert Grefseng answered on May 11, 2018

Sorry, but much more information is needed to determine where you sound file for divorce. Based on the brief info provided, my first impression is to hire an attorney in Louisiana. Louisiana law differs from the rest of the United States in some ways because of its history as a French colony (... Read more »

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

Q: My daughter whom I adopted when she was 2 and is now 16 is being contacted thru social media by her biological mother,

her mother just got out of jail, she sent her harassing messages about 6 months ago that I just found out about and now she is contacting her again, this time being all sweet and loving, I know it's because she wants something from her, but my daughter doesn't understand this, my daughter has a car... Read more »

Leonard Robert Grefseng answered on Apr 19, 2018

If there was an adoption, the biological mothers rights were terminated. It can be a criminal offense ( only a misdemeanor, however) to violate a "contact veto" see TCA sec. 36-1-132. Consult your adoption lawyer and local law enforcement personnel for more specific advice on your situation.

1 Answer | Asked in Child Custody for Tennessee on

Q: Can you make a will that say where you want to your child to live at your death if you have no family.

A friend got sick and told me to take care of his 6 yr old which I did for 2 months and then he died. After his death a DCS worker who previously had him at birth showed up with a will that she said he made 3 years ago. It was obtained with the help of his GAL. Although he gave me Power of... Read more »

Bennett James Wills answered on Apr 17, 2018

You can appoint a guardian in some circumstances. Consult local counsel to determine your options.

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