There is a previous order from another state. If TN parenting plan was never signed by a judge is previous order in another state still valid?
answered on Apr 20, 2022
The courts speak through their orders and only order that have been signed and entered will ultimately have authority.
HOWEVER...sometimes a court will rule on a matter and that ruling takes effect immediately. Sometimes there is a delay before the order has been created, filed, signed, and... View More 
answered on Mar 25, 2022
Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.
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answered on Mar 9, 2022
Yes if it is relevant evidence to the issues before the Court.
Only see my kids once a month and wanting more visitation how do I go about doing that?
answered on Feb 23, 2022
You'd need to petition the court for a modification. You would be wise to consult with an attorney for assistance with this process.
We both have equal custody. Our son is about to turn 5 but is still delayed with speech and other social aspects. His speech therapist recommends he gets an Autism evaluation that will allow for better treatment. His mother is completely against any evaluation because she does not want him to be... View More
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answered on Feb 3, 2022
Hi, It depends on what your parenting plan says. There is a section in all parenting plans in Tennessee that provides how medical/educational decisions are made, whether it's a joint decision, or whether one of you has final say.
If it's a joint decision, and you two cannot... View More
His mom goes months without talking to him. He is 2yrs old and a type 1 diabetic. I take care of him 98% of the time.
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answered on Dec 9, 2021
Hi, if the biological parents of the child have left the child with you for an extended period of time, you can petition the court for emergency protective custody on the basis that the child is dependent and neglected.
I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... View More
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answered on Oct 13, 2021
You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.
I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... View More
answered on Oct 12, 2021
File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law... View More
Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... View More
answered on Sep 14, 2021
Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.
Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or... View More
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... View More
answered on Sep 6, 2021
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... View More
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
answered on Aug 18, 2021
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... View More
He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.
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answered on Aug 16, 2021
If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.
His wife wants to adopt my son he's 16 year old n she's saying I can go to jail for abandonment n other charges if I don't sign the adoption papers
answered on Aug 15, 2021
If the judge took your rights from you via a Termination of Parental Rights proceeding, there is no need for you to sign any adoption paperwork. You are no longer the parent when the judge takes your rights away.
I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... View More
answered on Jul 15, 2021
Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... View More
My XMIL has custody of my biological daughter. She transferring custody back to my x wife. They have a date court date for the transfer, but I have not been served anything. I have sent several emails to their attorney requesting service but she doesn't respond. My guess is she plans to... View More
answered on Jun 23, 2021
There are no reasons unless your rights have been terminated in a previous proceeding. They can also allege that they have tried to find you but have been unable to. Just make sure you show up to court saying you dispute this matter if you want to dispute it. I also urge you to get an attorney... View More
My ex mother in law has custody of my biological child and I still have all my rights. She is attempting to give custody back to my ex wife and I inadvertently found out the date.
I'm thinking I'll just show up and request a continuance based on the fact I wasn't served and... View More
answered on Jun 23, 2021
Definitely show up to court and advise the judge that you were not served notice and that you need time to either hire a lawyer or file any answer.
answered on Jun 22, 2021
You do not provide enough information for anyone on this forum to answer this question. Presumably child services was called because that was the closet relative placement and the fact of your arrest did not allow you to care for your son. If you are out of jail then you might get him back but... View More
My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... View More
answered on May 27, 2021
Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.
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answered on May 8, 2021
You will need to file a Petition for Parentage. If you are on the birth certificate, both parents signed a voluntary acknowledgment of paternity. You must establish your rights in Court. By statute , the Mother has exclusive custody.
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answered on May 8, 2021
Yes. If your case is filed, there is an injunction in place that requires that she give you an itinerary and the information will be listed in your case pleadings. The injunction deals with "out of state travel." If no case is filed, parties can travel freely.
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