Tennessee Family Law Questions & Answers
Q: My grandma passed and left alot of land to my mother, brother, sister and I.
2 Answers
| Asked
in
Land Use & Zoning, Real Estate Law, Estate Planning and Family Law
for
Tennessee
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
Q: Is there a way to give up my parental rights without having to involve the other parent?
Leonard Robert Grefseng's answer
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.
Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a
Leonard Robert Grefseng's answer
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...
Q: What can you do when someone makes false domestic violence reports to police?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Tennessee
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
Q: Can I be charged with child abuse or neglect simply on the bases of being high on drugs while the child is in my care
Cayley Turrin's answer
Yes you can. This would be a very serious charge and you should consult with a criminal attorney immediately if you are charged with this.
Yes you can. This would be a very serious charge and you should consult with a criminal attorney immediately if you are charged with this.
Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Tennessee
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Leonard Robert Grefseng's answer
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
Q: Being the eldest daughter. What legal grounds do I have to exhume my fathers ashes.
Anthony Marvin Avery's answer
That is not a ground, only being a close Family member is of any significance. You will need very significant reasons to request Chancery to move the Grave site. As many other Family members as you can get will need to also file as Petitioners. And if your Father had an Express Desire to be buried at a certain location, or there is an impending construction project near the grave, those would be substantial grounds.
That is not a ground, only being a close Family member is of any significance. You will need very significant reasons to request Chancery to move the Grave site. As many other Family members as you can get will need to also file as Petitioners. And if your Father had an Express Desire to be buried at a certain location, or there is an impending construction project near the grave, those would be substantial grounds.
Q: If I filed unruly for one child would the court say I won't be able to handle my other 2 and be taken into DCS custody
Leonard Robert Grefseng's answer
your question can't be answered without a thorough and complete review of all circumstances, which is beyond the scope of this question and answer format. Consult an experienced family law attorney for advice on your specific situation.
However, strictly speaking - a juvenile petition on one child is limited to the issues concerning THAT child, so unless there is some further inquiry, the situation of the other two children will not be addressed in court.
your question can't be answered without a thorough and complete review of all circumstances, which is beyond the scope of this question and answer format. Consult an experienced family law attorney for advice on your specific situation.
However, strictly speaking - a juvenile petition on one child is limited to the issues concerning THAT child, so unless there is some further inquiry, the situation of the other two children will not be addressed in court.
Q: can i get my rights back to my son after he was adopted and is no longer with the adopted parents but in states custody.
Leonard Robert Grefseng's answer
You cannot "un-do" the prior adoption, however, you can apply to adopt the child. Adoption will establish a legal parent child relationship.
You cannot "un-do" the prior adoption, however, you can apply to adopt the child. Adoption will establish a legal parent child relationship.
Q: our parenting plan in tennessee was not signed by me or my ex wife....is it legal ?
Leonard Robert Grefseng's answer
If it was signed by the Judge or if the final decree of divorce refers to it, it is a court order that must be followed.
If it was signed by the Judge or if the final decree of divorce refers to it, it is a court order that must be followed.
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.
Leonard Robert Grefseng's answer
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 document ( prove) a prior history of actual violence directed at you personally, and therefore that the father represents a danger to you, you can't keep the child's living conditions a total secret...
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 document ( prove) a prior history of actual violence directed at you personally, and therefore that the father represents a danger to you, you can't keep the child's living conditions a total secret...
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.
Leonard Robert Grefseng's answer
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 modify the parenting plan
so that the Judge can order the mother to keep the child away from the grandmother. A prior history of illegal drug use does not automatically mean the individual...
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 modify the parenting plan
so that the Judge can order the mother to keep the child away from the grandmother. A prior history of illegal drug use does not automatically mean the individual...
Q: Dad died, no will. Stepmom now in nursing home. What can child do to get their 1/3 share before house is taken in TN?
Leonard Robert Grefseng's answer
From the very brief information supplied by this question, perhaps the daughter should file a "partition action." This is a specific type of lawsuit which in general, is used to clear up any title issues and force a sale ( auction) of the property. Consult an experienced real estate lawyer for advice on your specific situation asap.
From the very brief information supplied by this question, perhaps the daughter should file a "partition action." This is a specific type of lawsuit which in general, is used to clear up any title issues and force a sale ( auction) of the property. Consult an experienced real estate lawyer for advice on your specific situation asap.
Q: My niece is in a bad living situation. She will be 17 in Feb. Can she legally move out? She lives in Tennessee
Cayley Turrin's answer
Unfortunately no but you can make an anonymous tip to DCS if you are very worried for her.
Unfortunately no but you can make an anonymous tip to DCS if you are very worried for her.
Q: I am a grandfather that has full custody of my grand daughter and the mother has taken her out of school without permiss
Leonard Robert Grefseng's answer
Very possible- call local law enforcement and make a report. It may be called "custodial inference" or "parental kidnapping"
Very possible- call local law enforcement and make a report. It may be called "custodial inference" or "parental kidnapping"
Q: I'm 17. I have 2 months and 11 days till I turn 18. If I get repoted as a runaway what could happen?
Leonard Robert Grefseng's answer
you could be brought in to face some form of discipline in Juvenile court. Although you are closed to adulthood, do not create a juvenile court record for youself- surely you can endure things for approx. 70 days.
you could be brought in to face some form of discipline in Juvenile court. Although you are closed to adulthood, do not create a juvenile court record for youself- surely you can endure things for approx. 70 days.
Q: I am the respondent to an order of protection hearing coming up in Tennessee. Are questions allowed between the parties?
Leonard Robert Grefseng's answer
The answer to all 3 questions is YES. The party seeking the order of protection must prove that there is a real risk/potential for violence or that violence has already occurred and that they are therefore in fear for their safety. Both sides get to testify and present evidence. Both sides are subject to cross-examination.
If you are representing yourself, you are still required to comply with the rules of evidence. I strongly encourage you to consult an experienced lawyer for advice on...
The answer to all 3 questions is YES. The party seeking the order of protection must prove that there is a real risk/potential for violence or that violence has already occurred and that they are therefore in fear for their safety. Both sides get to testify and present evidence. Both sides are subject to cross-examination.
If you are representing yourself, you are still required to comply with the rules of evidence. I strongly encourage you to consult an experienced lawyer for advice on...
Q: Ramifications to allowing my children to live with their father and his addict wife?
Leonard Robert Grefseng's answer
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 their desire to live with their father. in summary, much more information is needed to advise you- consult an experienced family law attorney for advice on your specific situation. If you already have...
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 their desire to live with their father. in summary, much more information is needed to advise you- consult an experienced family law attorney for advice on your specific situation. If you already have...
Q: my wife was raped by her brother when she was 12 he was 18 she is now 26 can we do anything she just told me about it.
1 Answer
| Asked
in
Criminal Law, Family Law, Federal Crimes and Sexual Harassment
for
Tennessee
on
Answered on Nov 28, 2018
Answered on Nov 28, 2018
Q: I'm 18 years old. I do not live with whom use to have custody of me. 3 years ago bc she got me I was in dcs custody.
Leonard Robert Grefseng's answer
Sorry but your question does not provide enough information to answer it accurately. As a general rule, once a person turns 18, they are legally considered an adult and can make their own decisions about their life.
However, if you were the subject of a juvenile court order, there are rare circumstances where the Court can maintain jurisdiction past the 18th birthday- especially if the 18 year old was in custody/juvenile detention.
Your question doesn't specify what you mean by...
Sorry but your question does not provide enough information to answer it accurately. As a general rule, once a person turns 18, they are legally considered an adult and can make their own decisions about their life.
However, if you were the subject of a juvenile court order, there are rare circumstances where the Court can maintain jurisdiction past the 18th birthday- especially if the 18 year old was in custody/juvenile detention.
Your question doesn't specify what you mean by...
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