Get free answers to your Family Law legal questions from lawyers in your area.
I want to hire a lawyer..not satisfied with lawyer the court appointed a week ago..
answered on Mar 30, 2021
Thank you for your question. If you have a hearing scheduled, it is up to the Judge whether or not to allow a continuance. If you want to change attorneys, you should start contacting attorneys that you may want to hire immediately.
Once you consult with and hire an attorney, the new... View More 
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answered on Mar 22, 2021
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a... View More
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answered on Mar 11, 2021
This is very fact dependent. If your father is competent, he must direct the authority. If he is not competent, you must file an action for a Conservatorship.
Living situation: Ex-wife, mother, father, boyfriend, our two kids (9 year old girl, 10 year old boy), another girl (age 7 or 8 from another guy, not boyfriend), total of 7, in a 2 bedroom log cabin. 3 kids share an open loft with no privacy or doors. Completely open to the downstairs. Unknown,... View More
answered on Mar 3, 2021
Thank you for your question. From the facts you provided, it doesn't seem that anything is criminally. However, the situation that you describe is odd, and a court may find that the living situation is not in the best interest of the children.
In many parenting plans (including those... View More
I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.
answered on Mar 3, 2021
Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
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answered on Mar 2, 2021
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... View More
When I was released her mother decided then to tell me she adopted her out and her husband had acted like me and went to court with her and forged my name to the paperwork . All this happened while I was in prison and I never knew till I got out and I want my daughter . Will TN overturn a adoption... View More
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answered on Feb 17, 2021
It will be very difficult, and the chances for success are not good. But this may be something you can do yourself if you will research the adoption Statutes and find each and every violation which was a fraud on the Court. You probably can go to the Court which ordered the Adoption and serve... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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
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... View More
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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.
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... View More
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.
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 .
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... View More
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... View More
answered on Oct 2, 2020
I would suggest just talking to the coach and telling them to stop asking those questions.
We both agree to divorce. No kids together. She is in bankruptcy. She in Alabama and I’m moved to tn a yr ago
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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... View More
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... View More
answered on Sep 9, 2020
Yes. Income from both parents is calculated pursuant to the guidelines.
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