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Tennessee Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: In what type of situation can a father get custody to changed from mother to himself?
T. Augustus Claus
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answered on Jan 11, 2024

In Tennessee, a father seeking to change custody from the mother to himself would generally need to demonstrate a substantial and material change in circumstances that directly affects the child's well-being. The court's primary consideration is the best interests of the child. Situations... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: If there is no parenting plan or custody order, do I need to let the others parent know that I’m moving?

This will be to a new city within the same state?

T. Augustus Claus
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answered on Jan 10, 2024

In Tennessee, if there is no existing parenting plan or custody order in place, and you plan to move to a new city within the same state, you may not be legally required to inform the other parent about the move. However, it is generally advisable to communicate openly and honestly with the other... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I file for annulment? Am I supposed to file for a divorce with an agreed divorce or is there a separate legal doc
Anthony M. Avery
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answered on Jan 3, 2024

You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

2 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

T. Augustus Claus
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answered on Dec 14, 2023

Whether Tennessee can establish jurisdiction over an ongoing custody case in Kentucky depends on factors governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Typically, the state where the child has lived for the past six months holds jurisdiction as the home state. In... View More

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1 Answer | Asked in Social Security, Family Law and Child Support for Tennessee on
Q: Can I sue my child’s father for not telling me he’s gets full SSI before having our child? He doesn’t help either!
James L. Arrasmith
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answered on Dec 3, 2023

In the United States, the issue of child support and the financial responsibilities of parents are generally determined by state laws and family courts. If your child's father receives full SSI (Supplemental Security Income), it typically indicates a limited ability to work due to disability,... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for Tennessee on
Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits.... View More

James L. Arrasmith
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answered on Nov 28, 2023

I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Will child protective services take a child from the parents custody because the child changes schools 3 times in a year
James L. Arrasmith
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answered on Nov 9, 2023

No, in Tennessee merely changing schools multiple times is unlikely by itself to lead to Child Protective Services removing a child from their parents' custody.

The Tennessee Department of Children's Services (DCS) follows specific legal standards for when removal is appropriate....
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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: if I have 50% custody and so does my child's father is it legal for him to stop her from coming over to my house?

My child's father has 50% custody and has been refusing to let her come over during my scheduled time because he doesn't want my partner around her he says she already has a man in her life and that it's him so he's refusing to let her come over.

T. Augustus Claus
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answered on Oct 30, 2023

It is not legal for your child's father to stop her from coming over to your house during your scheduled custody time. You both have the right to equal parenting time with your child, and he cannot interfere with that right simply because he does not like your partner.

If your...
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2 Answers | Asked in Child Support and Family Law for Tennessee on
Q: How to get ex husband to pay child support on children
T. Augustus Claus
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answered on Oct 26, 2023

To ensure your ex-husband pays child support for your children in Tennessee, you can take several steps. Begin by contacting the Tennessee Department of Human Services' Child Support Services (CSS) division, which can help enforce child support orders. If he continues to be non-compliant, you... View More

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: how can I put my child’s father on child support without his social security number? Would a DNA test work?
T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, you can initiate a child support case without the father's Social Security number, although having it can expedite the process. If you don't have the number, other identifying information like date of birth, address, or place of employment can be helpful. A DNA test may be... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

Anthony M. Avery
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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

2 Answers | Asked in Adoption and Family Law for Tennessee on
Q: Can a birth mother put the child up for adoption without the fathers consent?he is on the birth certificate.
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answered on Sep 15, 2023

In Tennessee, whether a birth mother can place a child up for adoption without the father's consent depends on various factors. If the father's name is on the birth certificate and he has acknowledged paternity, his consent is typically required for the adoption. However, exceptions... View More

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1 Answer | Asked in Family Law for Tennessee on
Q: My daughter is mentally ill. How can I force her to get help?

She is 60 years old, lives alone in a house with no water.

T. Augustus Claus
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answered on Sep 7, 2023

Start with an empathetic conversation, encouraging her to seek help. If her condition deteriorates to a dangerous point, legal options like conservatorship may be necessary. Also, consider reaching out to Adult Protective Services if her living conditions are unsafe. Consulting professionals and... View More

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

Anthony M. Avery
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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
Anthony M. Avery
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answered on Jul 25, 2023

Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get... View More

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