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Tennessee Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Is a discovery request by an attorney court ordered?
Bennett James Wills
Bennett James Wills
answered on May 11, 2020

Discovery is mandated by the rules of civil procedure. If one fails to respond to discovery, an attorney can seek sanctions.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Q: Hello. I am seeking some information about my current situation. I live in Mt. Juliet TN

My situation is fairly complicated. We were married by a Hindu Custom Religious marriage in 2007 in Los Angeles California. However our priests are not officiated, therefor in the state of TN it is not considered to be "legal". I am now separating with him and have 2 children together. Am... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 1, 2020

You need to consult with a local family law attorney to see if you are indeed married and to begin getting child support whether or not you are legally married.

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Tennessee on
Q: Girlfriend doesnt want to go home but she is a minor. Can the boyfriend get into trouble?

My cousin is 18 and his girlfriend is a minor. She doesnt want to go home but instead stay with him. Can my cousin still get into trouble even tho it's her choice?

Anthony M. Avery
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answered on Apr 29, 2020

Absolutely

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What options do I have in getting a legal joint custody order put in place, and if any, how do I begin proceedings?

I do pay child support. I have been an integral part of the child's life since birth.(9/23/2011) the only reason it's not now,is covid-19. The mother let our daughter go to "a trusted friends house", so she could have someone to play with while all of this is going on despite... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 29, 2020

You should consult with a local family law attorney. From the facts, as you describe them, it seems as if there is no parenting plan that has ever been established by a court order. If this is the case, you will likely need to file a Petition to Establish Parentage in the county juvenile court... View More

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: In 2010, wife divorced me and moved to Ohio with son. No contact since then but still pay child support. Is this right?

She has since remarried and I believe the child has now been adopted by her new husband, not entirely sure but that’s what I’ve heard through family. I’ve had income taxes withheld, garnishments on my paychecks, anytime I apply for a loan or anything that’s one of the first things that pop... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 22, 2020

I recommend you consult with a family law attorney. You may be able to file for a modification of the child support amount if your/her income has changed by more than 15%. Which state was the divorce decree entered in? This question appears in the TN page, yet it appears you posted this question... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: If I need to submit the foreign order from GA to TN can I not file papers to do it myself?

Submitted prior ? On transferring GA custody order to TN is this not something I can do myself. When I contacted lawyer before was told I have to put down thousand of dollar retainer. I’m just simply wanting TN to hold jurisdiction if I ever need to enforce it due to the mother lives in TN with... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 21, 2020

With nearly all legal actions, you may presumably represent yourself. However, this seems to be something where you are not sure entirely what needs to occur. I believe what you are wanting to do is to change the custody order from GA to TN. This may implicate the Uniform Child Custody Jurisdiction... View More

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: If you have a child in TN,but moving back to Alabama,how and where do I go to put myself on child support? Ala or TN?

The mother of my 2 year old and I are no longer together. I'm moving back to Mobile,Al.. I will have my daughter 2 weeks straight out of every month. Am I still required to pay the full amount of child support being that she will be with me during that time? And where do I go to put myself... View More

Paul E. Tennison
Paul E. Tennison
answered on Apr 20, 2020

I recommend you consult with an experienced family law attorney. It seems that you need to establish paternity through the court system. For more information about establishing paternity see: https://www.colelawgrouppc.com/blog/establishing-paternity-under-tennessee-law

Once paternity is...
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1 Answer | Asked in Child Custody for Tennessee on
Q: Went to court in GA have a custody order 7/2019 mother moved to TN how do I transfer order to TN to enforce

Mother lived in GA with two boys custody child support all done together in one order thru GA court she moved to TN few months after and I need to know how to and what papers to print just to have TN file the order since the mother lives there so if there is any issues I can have TN enforce... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 18, 2020

You need to enroll the foreign order in child's jurisdiction. You need to retain an experienced family lawyer in that jurisdiction, which should not cost much. The cost comes in when you decide to bring an action to enforce the order for contempt.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... View More

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
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2 Answers | Asked in Child Custody for Tennessee on
Q: If my wife left me with the kids when she walked out on me what can I do?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 25, 2020

There are several things you can do, but I would recommend consulting with a local experienced family law attorney first. An attorney can help you file for divorce, get child support started, etc.

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2 Answers | Asked in Child Custody for Tennessee on
Q: Can you lose your kid cause of the baby sitter selling drugs even if you were unaware?

My son was took my his grandmother she got emergency custody cause she took pictures and said that the baby sitter was selling drugs . How can I regain custody

Paul E. Tennison
Paul E. Tennison
answered on Mar 24, 2020

Your best course of action is to consult with an attorney immediately. A baby sitter selling drugs while she was watching the child is a big problem. It seems quite opportunistic that her grandmother would be there to take pictures when this happened. You will need to file something with the Court... View More

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1 Answer | Asked in Child Custody for Tennessee on
Q: I lost my son due to the baby sitter exchanging an item in her drive way is that a way I could lose my son

If I put him in a day care and fire the baby sitter could I regain custody

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 24, 2020

Your question is missing many details. Please resubmit your question with enough details to enable someone to respond.

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My fiance's ex wife is keeping his son from him on his weekends due to the coronavirus. Is there anything we can do?

She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she... View More

Shanone Emmack
Shanone Emmack
answered on Mar 24, 2020

We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file a subpoena to obtain criminal trial transcripts for the use in a custody battle ???

In 2015, I was charged with aggravated sexual battery which led to divorce. The criminal charges went to trial where I was found not guilty. The allegations were made by my ex-stepdaughter in which I was found not guilty. I believe that my ex-wife is still pushing at the belief that I am still... View More

Anthony M. Avery
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answered on Mar 23, 2020

Go to the Criminal Court where you were prosecuted and ask the Clerk to help you go through the entire Court File. Be patient. The Court Reporter's name may be there, or ask the Clerk who it might have been. But most importantly, get a certified copy of the Acquittal. It is... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: My ex-husband is threatening to take my child away from me because he missed nine days of school due to illness but he m

I always went to the school and picked up his work so that he wouldn't get behind and he had doctors notes

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 20, 2020

He can try, but if the issue is no greater than what you have stated, he would have a very weak case. I suggest you consult with an experienced local family law attorney to help you discern your best options.

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: I need a divorce. I have 3 children. Father/ husband hasn't been in the picture in 2 years or more. What are my options?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 16, 2020

I suggest you retain a local family law attorney. If he has been absent for more than two years and there are children of the marriage you have grounds for abandonment. You probably have other grounds as well.

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: I have a custody case in TN but I reside in FL, do I need to attain a TN lawyer ?

The children were taken to TN supoosed to be temporary for their fathers funeral but their older brother from a previous relationship from their father, is trying to keep them and get full custody . I signed a custody agreement that the grandfather made himself and had notarize that they will be... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 12, 2020

You need to hire an experienced family law attorney from around Nashville. There are several issues presented in your question that you most likely cannot address without legal representation. I suspect a dependency and neglect petition has been filed against you. The burden of proof is high,... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: 16 yr wants to move in with my family because she is treated badly at home can she legally without parental consent
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 6, 2020

Until she is emancipated by the Court, or is subject to a dependency and neglect petition, she remains in custody, care and control of her parents. If you take in a minor without Court permission, you could be charged with harboring a run away.

1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Tennessee on
Q: If a mom used marijuana and is now going through a custody battle, how likely is she to lose custody? Never married.

I’ve used thc and cps has closed my case after successfully passing random drug screens. I failed the first one but cps still closed the case. How likely is it for I, the mother to lose custody of my 2 year old child? Also, I have proof (pictures and messages of him advertising) of the father... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 25, 2020

From your question it seems as if there is no current court case. If that is the case, then you are probably fine. If here is a court action currently lodged with the court, then you need to revise your question and add additional detail to allow attorneys to better respond. Good Luck!

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My husband’s daughter has lived with him until she was 13. She’s lived with the mom the last 2 yrs. She wants support

The mom never financially supported the cold while she was with the father. Will he have to pay? Can he get back support?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 25, 2020

I will assume from your question that mother and father were never married, because your question does not reference any previous divorce. As such, it is unlikely he will be able to get back child support as there is no current order on which to base such an award. This may be a case of no good... View More

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