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Tennessee Family Law Questions & Answers

1 Answer | Asked in Divorce and Family Law for Tennessee on

Q: can I get the car back legally?

so my husband josh gave me the car for transportation but its in his own name. he has his own transportation is why he gave me the car for transportation for me and 3 kids. we had a small disagreement on july 21, 2019. so he supposedly had a friend come and pick up his car that I had locked from my... Read more »

Leonard Robert Grefseng answered on Jul 23, 2019

Yes, if he has two vehicles, and you have been driving one of them during the marriage, and you don't currently have a vehicle, I think it's likely that a divorce judge would award you that car. However, you will have to file for divorce, there would be no chance of just suing for the car- you... Read more »

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

Q: What do I need to do to be emancipated in Williamson county TN

What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »

Anthony M. Avery answered on Jul 19, 2019

You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.

You will have plenty of time to be a responsible taxpayer in two...
Read more »

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

Q: As of 6/29/19 I will be a resident of TN for 6 months and need to have my custody case transferred.

Additionally, I need to see what can be done to hold my ex in contempt for not returning my son by the date/time he was supposed too, not allowing a family member to pick up my son and bring him to me on the date he was due back, not allowing him to speak to me while he was gone for 43 day (maybe... Read more »

Paul E. Tennison answered on Jul 17, 2019

From that description, you have a significant number of potential legal issues. I recommend you consult with a local family law attorney. You would need to transfer the case to Tennessee before you could file for contempt. Your easier route for the contempt action could be filing for contempt in... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Tennessee on

Q: My daughter’s father and I have an established parenting plan. He comes and goes as he pleases and also does not pay

His child support. He also doesn’t have a place to live or a car. He was arrested for a felony drug charge recently. Is that enough to file a request to stop visits or ask for supervised visits?

Leonard Robert Grefseng answered on Jul 15, 2019

Those are certainly reasons to be concerned, but since your question doesn't mention the age of the child ( and lots of other factors the Judge has to consider) no lawyer can provide a guaranteed result. Will cutting off the child's relationship with her father truly benefit the child? If the... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: If I was married January 26th 2019 and I was married by universal Life Church ministries is my marriage legal

Because the law didn't come in effect until July 2019 first

Paul E. Tennison answered on Jul 10, 2019

What law didn't come into effect?

If you received a marriage license issued by the State of Tennessee then the marriage should be binding and legal. If you have questions about the validity of your marriage license, then contact the county clerk's office and ask them about it.

1 Answer | Asked in Family Law for Tennessee on

Q: What codes states what determines the termination of grandparent visitation

Bennett James Wills answered on Jul 1, 2019

Visitation rights of grandparents are in TCA 36-6-306.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: Is income used to determine child support obligation based on wages at the time the divorce was filed?

My wife filed for divorce several months ago and I will be starting a new job with a substantially higher salary next month. I was wondering which salary would be used to calculate things like alimony and child support. I know in some other states it is based on the income at the time of filing, is... Read more »

Paul E. Tennison answered on Jul 1, 2019

Based on my experience, Tennessee courts use the most recent income information at the time of calculation. Not the salary at the time of filing. Good luck!

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

Q: How would one prove or disprove a parents mental state?

Parent married someone with a record and her state of mind is being called into question because of it

Leonard Robert Grefseng answered on Jun 26, 2019

This sounds like an area where "EXPERT" testimony is needed- for example, a doctor ( like a psychiatrist) could interview and examine the person and based on that exam, the doctor might be able to give an opinion about any mental illness or disorder. However, not every case needs an expert,... Read more »

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

Q: Can my sister get custody of her daughter back from me if she was charged with severe Child abuse?

She has 5 kids ages 13y-6m and lost each one in the first year of their life and has nothing to do with none of them. She has seen the one I have in over a year and half.

Bennett James Wills answered on Jun 24, 2019

An attorney would need many more facts to answer your question. She could probably file for custody - whether the court would grant her petition is another issue. Consult local counsel to address your concerns.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on

Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

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

Q: Can my ex be ordered to pay child support for disability son after 18/

My son is going to be 18 in September and has Aspergers

Leonard Robert Grefseng answered on Jun 20, 2019

Tennessee law provides for continuation of child support beyond the normal/usual termination time ( which is age 18 or graduation, whichever is last to occur) IF the child is disabled. See Tennessee Code Section 36-5-101(k). The definition of disability is that set forth under Federal law in the... Read more »

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

Q: Do i have to continue to pay child support if the child refuses to have visitation with me or any contact whatsoever.

He will graduate this coming year and be 18 in January.

Leonard Robert Grefseng answered on Jun 19, 2019

yes, you must continue to pay. Child support terminates when the child turns 18, or graduates from high school, whichever event occurs last , so in your case, it sounds like it will be graduation, which usually take place in May.

1 Answer | Asked in Civil Litigation, Family Law, Tax Law and Civil Rights for Tennessee on

Q: How much will it cost to have an attorney look closed case up and determine if It can be thrown out? Or general info.

I've been put thru hell since last court case and divorce. I've reached out to law and or friends. I need a chance at successful life. Career advancement and i want to know about placement for witnesses for gov.

Bruce Alexander Minnick answered on Jun 17, 2019

Unless you can get a lot more specific facts about your needs you will not be able to get the interest pf any lawyers.

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

Q: I have an interstate child support order.

I initiated the case in TN as that is where my daughter and I live. Father(NCP) was living in NY state at the time. NY filed the paperwork and ordered him to have employer pay weekly as well as cover daughter with medical insurance. This worked fine until my ex willfully quit his job and moved... Read more »

Leonard Robert Grefseng answered on Jun 17, 2019

Tennessee- they will let New York know to cease efforts and Tennessee will need to send the order to Arkansas for enforcement.

1 Answer | Asked in Family Law for Tennessee on

Q: In the state of Tennessee whose place is it to provide and pay for child care if the mother has full custody

The father only get the children every other weekend and does pay child support per divorce and parenting plan

Leonard Robert Grefseng answered on Jun 17, 2019

The cost of work related child care is a component of the child support, so if the child support has been figured correctly, the mother, as the recipient of the support, would be paying for the child care.

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

Q: I had a visitation order and the other party moved 3 hours with no notice to me. I had every other weekend visitation.

Visitation was every other weekend an i have only seen my children 3 times in 11 months

Bennett James Wills answered on Jun 13, 2019

There are provisions in the law that prevent a parent from moving more than 50 miles or out of state without proper notice. Consult a local attorney to determine your best options.

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

Q: What steps do I need to take to prove I am a fit parent?

Me and my child’s father have split up. He has approached me with wanting to go to court and or mediation because he doesn’t feel I am giving him enough time with our son. He has had him around some people who are not safe and that I do not trust I have asked him not to but he continues to do... Read more »

Paul E. Tennison answered on Jun 6, 2019

If you and the father were not married when the child was born, then he currently has no rights to see the child unless he goes to court. Tennessee is what is commonly referred to as a “Mother’s state”. This simply means that when children are born out of wedlock, the father has no rights to... Read more »

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

Q: Would I have to allow my son's father unsupervised visitation if we were to split up? We are Not married

We are Not married and do not live together. Our son will be 2 in August and I am pregnant with our second. I would not mind meeting with him in a public place or going to his home with him and being present while he visits with our son. I just have a lot of concerns about allowing our son to go... Read more »

Paul E. Tennison answered on Jun 6, 2019

The short answer is without a court order, you do not have to allow the father to spend any time with your children.

Tennessee is what is commonly referred to as a “Mother’s state”. This simply means that when children are born out of wedlock, the father has no rights to parent the...
Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: My husband just discovered he is not the father of his 9 year old through a private DNA lab test resulting 0%

He has believed he was the father and signed the birth certificate. His relationship with the child's mother was a on again off again relationship and they also had another child 2 years prior. The first child is 99.9% probabibility his. Father is now married and has a child with me. The mother of... Read more »

Paul E. Tennison answered on Jun 5, 2019

From this description of the facts, it sounds like your biggest problem currently is safety as this woman is threatening you and your family. If you are scared for your safety or your families the first step is to call the police and report the threats and/or file for an order of protection. If an... Read more »

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

Q: The co-parent and I do not have a custody agreement. Live states apart.

She only let's me talk to them if I send her money. I am behind on child support but working and paying it off. It takes 50% of my income. I have receipts where I have sent the co-parent thousands of dollars outside of child support, but I have not been allowed to see them in 2 years. Now she says... Read more »

Leonard Robert Grefseng answered on May 23, 2019

Although it will take time and a lawyer, you need to file court papers to set up a "parenting plan" or schedule of visitation. You are required to pay child support, but at the same time , she is required to allow you to have time with the children. If you get a Judge to order the scheduled... Read more »

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