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Tennessee Child Custody Questions & Answers

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

Q: If a father gives mother money before court order receipt is wrote child support and or dr bill. Does it count or gift?

Unwed father mother took kids we agreed to amount before court papers was filed if that money is paid until court will the courts look at that see it says for child support on the receipts and or dr bill halfed and it not be counted as gift? Have court in February also have got visits and bought... Read more »

Leonard Robert Grefseng answered on Jan 4, 2019

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

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.

He says no.he wants to pick her up at my house.

Leonard Robert Grefseng answered on Jan 4, 2019

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... Read more »

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

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.

Her mother does drugs and she left my son with her. What should I do? Isn’t this child endangerment?

Leonard Robert Grefseng answered on Jan 4, 2019

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... Read more »

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

Q: I am a grandfather that has full custody of my grand daughter and the mother has taken her out of school without permiss

Under no emergency circumstances can anything be done or police be informed and prosecuted

Leonard Robert Grefseng answered on Dec 20, 2018

Very possible- call local law enforcement and make a report. It may be called "custodial inference" or "parental kidnapping"

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

Q: In Tennessee can a mother keep the children from the father if there is NO divorce or parenting plan

Can she legally take them to another state to keep them from the father

Thank you. My son went and filed for a divorce today. So hopefully he will get to see his girls soon.

Leonard Robert Grefseng answered on Dec 7, 2018

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... Read more »

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

Q: Ramifications to allowing my children to live with their father and his addict wife?

I have sole custody of my children. They're wanting to live with their father. His wife will be released from jail next month. She lost her parental rights due to her addiction last year. She hasn't been able to stay clean for any long period of time in the past 3-5 years.

Leonard Robert Grefseng answered on Nov 29, 2018

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... Read more »

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

Q: Is it legal for a 16 year old to leave home without parental consent?

Leonard Robert Grefseng answered on Nov 19, 2018

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.

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

Q: Thanksgiving is divided by agreement but papers dont say who gets them first. How do we know?

Papers dont state mom or dad or odd or even so how do we know who get them wed thru Thursday and Thursday thru Friday and no it cant be just talked out? Is there a statue about this like there is in some states?

Leonard Robert Grefseng answered on Nov 16, 2018

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.

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

Q: My daughter's biological father (never married no parenting plan) is refusing to let her go on a camping trip.

The leader is not wanting to get in the middle of it (cant blame him) and now want proof of custody. I have no documents saying I have 100% custody. Would showing the leader Tennessee Code Section 36-2-303 be enough or do I have to call down to the Child Support Court and ask for documentation?... Read more »

Leonard Robert Grefseng answered on Oct 25, 2018

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.

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 »

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