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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... View More 
answered on Feb 21, 2020
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... View 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... View More
answered on Feb 21, 2020
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... View 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... View More
answered on Feb 20, 2020
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... View 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... View More
answered on Feb 20, 2020
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... View More
answered on Feb 20, 2020
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.
answered on Feb 20, 2020
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... View 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.
answered on Feb 19, 2020
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... View More
My husband just up and abandon me on January 1st. of 2020 and has been living with another female and now wants to take control of my house even though he does not stay there. What can I do.
answered on Feb 17, 2020
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... View 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... View More
answered on Feb 10, 2020
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... View More
answered on Feb 1, 2020
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... View More
answered on Jan 29, 2020
If your child is 18, then they wouldn't legally be considered a "runaway" as defined by Tennessee law dealing with delinquent or unruly children.
Of course you CAN call the police and file a missing persons report in order to try to find out if they are at least alive and safe.
answered on Jan 28, 2020
An 18 year old is legally an adult. He/she can pretty much do what they want (legally).
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... View More
answered on Jan 22, 2020
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... View More
My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??
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answered on Jan 13, 2020
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... View 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... View More
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answered on Dec 23, 2019
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.
Food is not available for her on a regular basis and I have had her every weekend since she was three months old. She is wanting to live with me full time, is this a possibility for her?
answered on Dec 13, 2019
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... View More
answered on Dec 9, 2019
The question is vague. She would be wise to hire local counsel to determine her best course of action.
A 3 month old baby has several bruises and the dr at Vanderbilt states the child is a victim of physical child abuse. He has been injured with hands and objects. If he is returned to his parents he is likely to sustain life threatening if not life ending injuries. Would this not be enough for... View More
answered on Dec 3, 2019
Based upon our experience, if all facts are true, as stated, then the DCS is taking a polar opposite view than they do around here. I would make sure that they are cognizant of all relevant facts, because once they open up a case, it rarely comes to an end anytime soon.
A year ago, my wife filed for divorce for adultery. I did it, the reason doesn’t matter We reconciled, never separated, but she won’t dismiss case. The marriage was already falling apart. She has said that she won’t dismiss the case bc she thinks I will just turn around and file for... View More
answered on Dec 3, 2019
To dismiss a lawsuit you would have to file a motion to dismiss and outline the reasons, factually and legally, why the case should be dismissed. You should consult with counsel to review the court file, pleadings, and other relevant documents to best determine how you could proceed.
Her husband has been out of the picture for 17 yrs.He said he will sign whatever i need signed.I have the Power of Attorney for care of a minor child form.But i am having a hard time with getting an audience with a judge.How do we go about being seen by a judge?So that he can officially sign off on... View More
answered on Nov 27, 2019
A request to change a surname is a court proceeding: you have to file a written petition ( also called a "complaint" under the rules of procedure) and give notice of that filing to any persons or entities that my be affected by your petition ( and in your case, there may not be anyone... View More
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