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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: Ex wife trying to terminate the fathers parental rights Can he counter sue for alienation of affection or full custody?

He is military and in another state was communicating with his daughter through me (grandmother) because she wouldn't answer her phone but was allowing me to see granddaughter as long as she watched us. The ex wife cut off all communication with me because of me letting granddaughter talk to... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

A termination of parental rights case is very serious. He should consider hiring an attorney to determine whether he has any available counterclaims regarding support or custody.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: If admitted into a skilled nursing facility in Tennessee are you still responsible for childsupport

My brother retired from the Navy and has one minor child. He pays child support out of his military retirement check. He's been admitted into a skilled nursing facility. I was told that I needed to stop the child support out of his check because all of his money should be going to the... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

I am sorry to here about your brother’s circumstances. The advice you received is partially inaccurate. You cant simply “stop” child support that was established by court order. If you are his conservator, you will need to obtain an order from the court terminating or modifying to $0.00. The... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: How do I get a divorce and sole custody?

My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.

Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is...
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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Granddaughters in foster care. How to get them back on an emergency hearing?

Their mother assaulted me an April 10, 2020, pushing me back while I sat in a chair. Causing my head to hit the kitchen cabinets behind me. I filed a police report and they do not locate her that night. They (mother and new husband) lived with us and the granddaughters were already asleep. They... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 14, 2020

Thank you for your question. With the facts you shared, one option is to file a petition for custody of your grandchildren. To get custody, you would have to present several facts to the court, including that the parents of your grandchildren are unfit to care for them. If there has been a finding... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How do I get my 14yr old son back that wants to come live with me I am in Tennessee and he lives in alabama with his

Father whom I was never married to nor is there any custody agreements with the court he came got him 2 1/2 years ago for a visit wouldn't let him come back said he wanted to stay but now my son who is 14 wants to come back to live with me what can I do or do I have more rights

Jenna McDonald Nichols
Jenna McDonald Nichols answered on Nov 11, 2020

Hi there. You absolutely have parental rights that entitle you to have appropriate custody and/or visitation with your son. Because your son has been living in Alabama for the last 2 years, that will be considered the "home state" of the child. You will likely need to file a petition to... Read more »

1 Answer | Asked in Divorce, Family Law and Elder Law for Tennessee on
Q: dad is 69 divorcing has become incapacitated wife placed him in nursing home no contact what can I do
Hannah Burdine
Hannah Burdine answered on Oct 28, 2020

Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.

2 Answers | 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.

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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...
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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.

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