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Tennessee Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: Are there any documents can grant me permission to make legal decisions on my daughter's behalf?

My daughter has been incarcerated for a while and my 15 year old grandson has been in foster care since February 2020. I am a senior citizen and would like for him to come live with me. We have a court appointed attorney who is no help and refuses to share information! This man does not care how... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 23, 2020

You would be wise to hire your own attorney to guide you through the custody process. There's no one document that a minor could sign to give you what you seek. Find an attorney--this is a good website to use.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Tennessee on
Q: Son & Gf has lived with me for 3yrs baby was born 19mths ago mother is with her 10hrs wk and wants to take her away

And live an hour away I can’t get the mother to get up with the baby and feed her unless it’s 20 mins before she goes to work at 1 in the afternoon Father is on disability .grandbaby is with me 90% of the time what can I or my son do they were never married . Baby response to me as her mother .

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

You and your son may want to consider consulting with an attorney. The default rule in TN is that a child born out of wedlock belongs to the Mother until the Father or other relative petitions the Court for Paternity/custody. TN courts have a fifteen factor best interest of the child analysis that... Read more »

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: One of my child's coaches has been asking her personal questions, I want to know what I am able to do to handle this

The coach is asking my child what their full name is, where they live, who they live with, what color house they live in, after asking about where their father is and what happened to him.

I am wanting to know what I can do to handle this legally since the academy is not looking like they... Read more »

Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

I would suggest just talking to the coach and telling them to stop asking those questions.

1 Answer | Asked in Family Law for Tennessee on
Q: Im on the mortgage and my wife is on the deed with me. How to get my name off so she can keep the house. Her credit bad

We both agree to divorce. No kids together. She is in bankruptcy. She in Alabama and I’m moved to tn a yr ago

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

Getting your name off the Mortgage/Deed of Trust and/or Note will not be easy. Possibly Wife can refinance it or sell the home. But both may be impossible with her BR, and she could discharge the debt leaving you solely liable on the Note if you signed it. If you are only on an Alabama Mortgage... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Ex wife's income is triple mine. She has kids 4 days I have them 3. Will court consider her income compared to mine?

Up until a year ago we had split 50 50 custody. A year ago I went into rehab on my own and while gone I sent money to her as I could while in treatment. I am back now and the parenting plan is now technically 4/3 . However her income is triple mine . I worked 3 jobs when we were married while she... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 9, 2020

Yes. Income from both parents is calculated pursuant to the guidelines.

2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Can I move in a place while they're trying to get custody of someone in the state of Tennessee

I'm 18 and she's 16 and we're from Missouri. Her mom is going to be going to jail and her grandparents will be getting custody of her. They live in Tennessee, can I go with her to her grandparents while they try to get custody of her or is that illegal?

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2020

It is Statutory Rape to have sex with an underaged minor.

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1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: The dad of the baby is 16 and I’m 18he denies that the baby is his WHAT TO DO?Can he even get put on child Support?

Since he’s only 16 , and we live in the state of Tennessee.

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

Child Support is possible, especially in the future when he obtains the age of majority. But you have committed a crime here called Statutory Rape.. Be very careful about complaining at this time.

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I have a savings account with unmingled assets from an inheritance. Can my wife and I make a postnuptial on amount?

I inherited my mother's estate upon her death and I put the money from the sale of one of her houses into a savings account with only my name on it. The money has never been co-mingled. My wife and I have agreed on a postnuptial for this sum should we ever divorce. Is this possible in TN and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are...
Read more »

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1 Answer | Asked in Family Law for Tennessee on
Q: What form is used to transfer someone under conservatorship to assisted living?

Judge appointed conservator in Bradley county TN

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2020

The Conservator is charged and empowered to arrange for the Ward's care. There should be no form, but a proposed order for the transfer of care might be appropriate for the Court to enter. If Family Members are objecting, this would be better with service on all.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Tennessee on
Q: I’m the dad was not ever married daughter is now 16 lives with 21 year old I wasn’t informed what is my options

Do I still have to pay child support she will be 17 in 8/10/2020 what’s my legal opt I do have visitation rights

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 28, 2020

Hire a local family law attorney and proceed according to their suggestions.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: My husband had me served with divorce papers and he keeps messaging me to sign them. My appt w/att is July 29

I suffer from mental health issues and feel I need legal advice before signing anything.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 19, 2020

You don't have an obligation to sign papers that you are not comfortable with. However, if your Husband has filed a Complaint for Divorce against you, then you do have an obligation to have the Complaint answered. I would consult immediately with a competent local divorce attorney. If you... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Would I file a Legal Separation using the Separation agreement if we weren't married?

We were together two years, we had a minor child during our Domestic Relationship. We were never married.

Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

Not sure of what you want to do, but you cannot get a legal separation if you were never married. Child support and visitation would probably be handled in the Juvenile Court System.

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: To file a Proposed Parenting Plan do you have to file with the Circuit Court Clerk?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

It depends on whether your divorce is filed in Circuit Court or Chancery Court. You can't just file a Permanent Parenting Plan unless there is a divorce action begun with a Complaint. I would consult a local divorce lawyer.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Is an unmarried minor automatically emancipated if she gets pregnant?

Not married, still living at home, 17 years old.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jul 6, 2020

The simple answer is no.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: In Tennessee can health issues prevent the father from visitation out of the state?

She is 8mths old he is filing for paternity and visitation. I live in Tennesssee and he lives in Virginia! She has heart and urinary tract issues! She has regular heart doc appointments and had to go to er frequently since birth over her urinary issues and needs to be close to her doctors! Also... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 17, 2020

Tennessee Courts use the best interest of the child analysis to determine custody and visitation decisions. The health concerns of the child are important and should be taken into account under Tennessee law. You mention that the Father lives in VA. Thus, I am not sure if the Father filed this... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Can a mother (never married) move out of state with child? There is no court custody arrangement or parenting plan.

My step-daughter lives in Martin TN with her 11 month old daughter. The child's father also lives in the area, but they do not live together. Due to financial strain, she would like to move back home to Georgia. There is no court signed custody arrangement or parenting plan in place, so can... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 17, 2020

Most likely, yes. The parental relocation requirements under TN law to seek court approval to relocate only applies when there is a court ordered parenting plan in place. TN is known as a Mother's state because if the parents are unmarried, the father does not have rights to custody until... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Hello my name is Alecia and I live in Tennessee. I currently live in my mother and adoptive fathers house but want to...

Live with my biological father. He has no legal custody since I was adopted. Does this mean If i were to live with my biological father my parents could press charges against him?

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

If you are a minor, then yes. He could be sued civilly and possibly prosecuted criminally. He needs to file a Petition For Custody.

1 Answer | Asked in Family Law for Tennessee on
Q: Lived with someone who owned their home. We didn't marry. 3 years later im moving out now can't get my belongings?

I lived with someone almost three yrs in a relationship that has now ended. I have two kids who came with me into the home, I paid bills, received mail etc. Now I'm being told I cannot retrieve mine or my kids belongings. Not sure where to turn or whom to ask how to proceed much less... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

You can file an Action To Recover Personal Property in General Sessions Court. This can usually be done without an attorney in your type of situation.

1 Answer | Asked in Family Law for Tennessee on
Q: Are guardians allowed to open mail of the minor ?
Anthony M. Avery
Anthony M. Avery answered on Jun 5, 2020

If the minor is the ward of that guardian, then yes, the guardian can monitor the mail correspondence of the minor ward. The guardian has a fiduciary duty to take care of his ward's affairs, and he should have already known that.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: I will be 18 tomorrow and I want to move in with my girlfriend tomorrow and she's 17 and her parents are okay with it.

My parents are not okay with it and say I can't because I'm still in high school but I will be a senior and I'm in Tennessee but I don't know if I can move out help pleae.

Anthony M. Avery
Anthony M. Avery answered on Jun 3, 2020

That is called Statutory Rape in Tennessee.

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