Tennessee Family Law Questions & Answers
Q: I filled my perscription. I later noticed the name was incorrect. What do I do
Timur Akpinar's answer
You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).
Tim Akpinar
You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).
Tim Akpinar
Q: I recently filled my perscription. After taking approx 80 percent I noticed the wrong name in script
Timur Akpinar's answer
You could consult with a Tennessee attorney as to the merits of such a case. The attorney would likely want to know the injuries you suffered, particularly if there was permanence. Based on the damages at hand, you and your attorney could discuss whether it would be viable to pursue the matter.
Tim Akpinar
You could consult with a Tennessee attorney as to the merits of such a case. The attorney would likely want to know the injuries you suffered, particularly if there was permanence. Based on the damages at hand, you and your attorney could discuss whether it would be viable to pursue the matter.
Tim Akpinar
Q: If the primary physical custodial parents refuses any and all contact with children what can I do
Anthony Marvin Avery's answer
You have to file a Petition For Contempt against the custodial parent for disobeying the Final Decree that awarded child custody and parenting time. It is much better to hire an attorney, but you could file pro se.
You have to file a Petition For Contempt against the custodial parent for disobeying the Final Decree that awarded child custody and parenting time. It is much better to hire an attorney, but you could file pro se.
Q: The contact information on my mother in law’s will Is outdated. What does she need to do? Everything else is correct.
Anthony Marvin Avery's answer
Your Mother In Law may need to execute a new Will or at least a Codicil to it. However she should start examining whether she even needs a Will or should execute other Estate Planning methods.
Your Mother In Law may need to execute a new Will or at least a Codicil to it. However she should start examining whether she even needs a Will or should execute other Estate Planning methods.
Q: Will I go to jail if I am found in civil contempt of court? All I did was call and text my wife too much
Anthony Marvin Avery's answer
If there is an MDA then you must have agreed to the Divorce. You can tell the Court anytime prior to its being a Final Order that you rescind the Agreement. Wife will have to put on proof of your fault to get a Divorce.
If there is an MDA then you must have agreed to the Divorce. You can tell the Court anytime prior to its being a Final Order that you rescind the Agreement. Wife will have to put on proof of your fault to get a Divorce.
Q: If a mother did not complete anything asked and judge issued no contact order, how hard would terminating rights be
1 Answer
| Asked
in
Family Law, Adoption, Child Custody and Juvenile Law
for
Tennessee
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
Terminating a Parent's Rights is always difficult. The Couple can file a Petition for Adoption which must be served on the Mother as it is attempting to terminate her rights. The Couple must also be fit and proper Parents as they will be scrutinized also by various Parties, Agencies, etc. If successful, the Father will no longer receive Child Support.
Terminating a Parent's Rights is always difficult. The Couple can file a Petition for Adoption which must be served on the Mother as it is attempting to terminate her rights. The Couple must also be fit and proper Parents as they will be scrutinized also by various Parties, Agencies, etc. If successful, the Father will no longer receive Child Support.
Q: My parents have custody of my sister's kids. Can the judge order the 150,000 in child support from their father to them?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Tennessee
on
Answered on Mar 28, 2019
Answered on Mar 28, 2019
Leonard Robert Grefseng's answer
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Q: In which state should a motion for modification of custody be filed?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Tennessee
on
Answered on Mar 21, 2019
Answered on Mar 21, 2019
Leonard Robert Grefseng's answer
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Q: My ex wife is leaving our four year old daughter alone with a convited felon is there anything I can do
Leonard Robert Grefseng's answer
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Q: my son graduates in May but won't be 19 until November can the child support be stopped before he turns 19? He also work
Leonard Robert Grefseng's answer
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
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.
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