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Tennessee Family Law Questions & Answers
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
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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
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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... View 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
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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
Mr. Kent Thomas Jones
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
Mr. Kent Thomas Jones
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... View 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
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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
Mr. Kent Thomas Jones
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... View 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... View 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... View 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... View 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
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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... View More

Anthony M. Avery
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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
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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
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answered on Jun 3, 2020

That is called Statutory Rape in Tennessee.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can I get my daughter taken of I don’t have a job right now but her paternal father does? She’s has everything.

I had a baby 7 months ago and I’m not ready to go back to work yet My boyfriend works and pays the Bills and gets everything we need I have a 6 year old daughter with my Ex and he and his girlfriend have jobs with me not having a job and staying home with my children make me an unfit parent and... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Jun 3, 2020

Just because you are unemployed does not in itself make you an unfit parent. You have to engage or allow a child to be danger of severe harm to be declared unfit.

1 Answer | Asked in Family Law for Tennessee on
Q: My marriage was never consummated. He married me to try and get citizenship while being untruthful about It. Anullment?

He has abandoned me and I want to have this marriage annulled. How long would this take to get done? Will I need him to sign? I don’t know where he is. He could be back in Palestine.

I really need help with this. Any information would be greatly appreciated.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 28, 2020

If your marriage was never consummated, then that is a ground for an annulment in Tennessee. You should seek a local family law attorney who has experience with your situation. If the marriage was a result of fraud on his behalf, you can report him to ICE. You can find their information at... View More

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar
answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Child is mine, ex husband on birth certificate. Divorce papers state he’s not the father. I need paternity!

In divorce papers he admits he’s not the father. I have raised him for 4 yrs. He’s never had any part in raising my son. They are divorced but apparently a step was skipped. State will not allow us to change birth certificate.

Anthony M. Avery
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answered on May 25, 2020

You will have to file a Petition To Establish Paternity. All interested parties must be joined. I recommend you file in Chancery. One of the things you are trying to get the Court to do is to order the issuance of a new Certificate of Birth.

1 Answer | Asked in Family Law for Tennessee on
Q: Hello, dhs sent me the wrong paternity test and had made me believe that the wrong person is my babies father for weeks

They sent me a paper saying a man was my babies father and I got a letter today saying they made a mistake and he in fact is not after about 3 weeks. I told the father and who I thought was my sons grandmother and they were so thrilled. Now I have to tell them he isnt. Is there a way to sue over... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 23, 2020

I am really not sure what your question is. You need to inform them that DCS sent the letter to you.

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