I’ve used thc and cps has closed my case after successfully passing random drug screens. I failed the first one but cps still closed the case. How likely is it for I, the mother to lose custody of my 2 year old child? Also, I have proof (pictures and messages of him advertising) of the father... Read more »
From your question it seems as if there is no current court case. If that is the case, then you are probably fine. If here is a court action currently lodged with the court, then you need to revise your question and add additional detail to allow attorneys to better respond. Good Luck!
I will assume from your question that mother and father were never married, because your question does not reference any previous divorce. As such, it is unlikely he will be able to get back child support as there is no current order on which to base such an award. This may be a case of no good...Read more »
If a father voluntarily terminated his rights after being asked by the mother claiming her current husband is wanting todo a step parent adoption then she never does the adoption then the father is left to pay child support is there away to Address the child support court with this matter to stop... Read more »
I gather from your question that you were asked to sign over your parental rights for a prospective stepparent adoption and termination of parental rights case. It is not the mother who files the petition, but the stepparent. If the petition was never filed and granted, then you are still on the...Read more »
My son was born in 2006 in TN. long story short my sons mother got word in TX, which is where she lives and has lived since around 2009, that i was arrested for simple poss and on a separate date arrested for p.i. i was acquitted i think is the word for the simple poss which i was never arrested... Read more »
First, if your son has lived in Texas since 2009 and that court has exercised jurisdiction, then most likely your case is in Texas. This is really not a case to be handled on your own. You parental rights are at stake. I advise you to consult with an experienced family law attorney in the Texas...Read more »
I have a 16 month old daughter. I’m the sole provider for her. Her father and I were never married. He does not see her because I don’t allow him to keep her alone because he put her in a harmful situation and has stopped showing up to his moms to see her. He has never helped financially either... Read more »
Your question raises two separate issues. Relocation and Termination of Parental Rights. I will address the Termination of Parental Rights first as the answer is easier. In Tennessee, a parent cannot voluntarily terminate their parental rights unless their is a Petition for Adoption and...Read more »
The subpoena says to testify on her ‘behalf.’ I’m confused. I wouldn’t ever testify against my husband so I’m not sure why it says on her behalf. She basically has texts of me and her arguing. Do I have to testify or can I have some sort of spousal privilege in this case? I’m not sure... Read more »
Yes you can be subpoenaed to appear in court and forced to testify as to the matters contained in the texts. Any other questions may be subject to the spousal privilege. You need to speak with an attorney to help you in this situation.
Tennessee Code Annotated contains the spousal...Read more »
There is no father listed on the birth certificate. It "appears" that the state of TN is requesting a DNA test for a potential father, yet the mother has not requested child support or the test. The potential father is abusive and has been away for at least 2 years. It seems that the state may... Read more »
If the state is involved, then yest it has not only the right but is federally mandated to take such actions. I suspect that Mother has received some state services and that brings her and the child before the court. All other issues of abuse and abandonment can be decided by the Court.
I have had legal and physical custody of my one year old granddaughter since she was 4 days old! The order of transfer of custody was granted in Knox County TN. But the child and I have always lived in Wilson County TN. My living arrangements will be changing in April; therefore, my financial... Read more »
Before you do anything, you need to contact your local Department of Children's Services case worker and explain your situation. You will need permission from the Court that gave you custody to move out of state. The best option is to retain a local experienced family law attorney for assistance.
Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce...Read more »
how do I get guardianship here or maybe I don't need it here. I am his rep Payee and he has signed Power of attorney and last will in front of notary a few months ago. Also health care directive in front of witnesses.
You should consult with an experienced attorney. Tennessee has a conservatorship (guardianship of an adult), similar to what you described in Minnesota. In a conservatorship court proceeding, the court would determine if a conservator should be appointed. A conservatorship may not be necessary if...Read more »
I recommend you consult with a local Attorney. I am not sure which law applies here as you posted in Tennessee, yet the location is listed as Texas. Assuming Tennessee law applies, the house may be your separate property. If it is deemed your separate property, it would not be awarded to your...Read more »
Son and daughter. They reside with us in S. Korea now. My ex wife has supervised visitation two times a year. I have to fly the kids back in April for her visitation and we have the final parenting plan hearing (I currently do not receive child support it was an emergency hearing) is it fair to ask... Read more »
You may certainly ask, that seems reasonable. However, if your ex has no job, no home, and was recently arrested I do not really see how she could pay. I recommend you consider consulting with an experienced family law attorney if you have additional questions. Good luck!
completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »
Violating a court order opens you up to potential criminal and civil contempt.
I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...Read more »
Non-married, child. 12/15 breakup. Verbal agreement 50/50 sharing. I paid for 80%+ of food, toys, clothing, etc. Everything good. They popped another child out 10/16 and another one 10/17 with partner. Bad financial management led to them getting evicted, 03/18. Provided ex and children a roof over... Read more »
If you are sued by your ex for child support and are properly served, and then you fail to respond, be it in Tenn. or Fla., you'll likely end up with some kind of default order against you. Which can lead to further issues. Best not to ignore lawsuits if one is filed--things usually just get worse....Read more »
You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to...Read more »
I wanted to see what my options were for filing abandonment against my husband who has been gone and not living with my disabled son, his disabled brother who lives with me and myself. He has been gone for almost 3 years now. It will be 3 years in March. He does not come see them, does not help... Read more »
You will either have to get him to agree to an Irreconcilable Divorce, or establish grounds. Abandonment is not even close here. There may be some leverage you can assert, so talk to a competent attorney.
It is certainly possible, but VERY difficult to say probable. It is very difficult for a non-parent to prevail over a parent in a custody case. Tennessee courts follow a principle called the "superior rights" doctrine, which as the name implies, states that the parents' right to raise their...Read more »
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