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Tennessee Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I file for annulment? Am I supposed to file for a divorce with an agreed divorce or is there a separate legal doc
Anthony M. Avery
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answered on Jan 3, 2024

You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

2 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

T. Augustus Claus
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answered on Dec 14, 2023

Whether Tennessee can establish jurisdiction over an ongoing custody case in Kentucky depends on factors governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Typically, the state where the child has lived for the past six months holds jurisdiction as the home state. In... View More

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1 Answer | Asked in Social Security, Family Law and Child Support for Tennessee on
Q: Can I sue my child’s father for not telling me he’s gets full SSI before having our child? He doesn’t help either!
James L. Arrasmith
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answered on Dec 3, 2023

In the United States, the issue of child support and the financial responsibilities of parents are generally determined by state laws and family courts. If your child's father receives full SSI (Supplemental Security Income), it typically indicates a limited ability to work due to disability,... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for Tennessee on
Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits.... View More

James L. Arrasmith
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answered on Nov 28, 2023

I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

1 Answer | Asked in Family Law for Tennessee on
Q: If I'm refused acopy of a will, what are my options?
Anthony M. Avery
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answered on Nov 18, 2024

If the Will was filed for Probate then go get a copy at Probate Court. Noone has an obligation to give you a copy until it is Probated and you are an interested party.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: My hair follicle test came back, but on the bottom of the page it says specimen date incorrect, will that still sta cour
Anthony M. Avery
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answered on Nov 11, 2024

Any drug positive result will be used against you. Your lawyer can cross the DCS or LEO that is putting it in, but a positive result is bad.

1 Answer | Asked in Intellectual Property, Family Law and Probate for Tennessee on
Q: In state of Georgia life tenant selling property and that buyer demolished a mobile home on perment foundation
Anthony M. Avery
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answered on Nov 6, 2024

What is your question? If land is in GA then post there.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My unmarried partner and I decided to part ways. We have a child together who was born in San Francisco CA. We moved to

Tn in 2017. His name is on the birth certificate in Ca. He is staying in Tn and my daughter and I are going back to CA. What are his paternal rights? We also bought a house together where his mother gifted us 100k for the down-payment. Since we are parting ways, his mother wants to take my name off... View More

Anthony M. Avery
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answered on Sep 12, 2024

Are you on the Deed as a grantee? Hopefully you are a tenant in common of an one-half undivided interest. If so you can sue for Partition if there is sufficient equity in the property. Being signed on the Deed of Trust and Note does not make you an owner, just liable for debt.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Tennessee on
Q: Who has custody if the judge removed from mother and placed with grandfather then took from him but did not place them

I lost custody of my children in 2017. They were bounced around a few times and ended up in the custody of my dad for a couple years. He got sick and just sent them to live with my sister in another state. Well when I petitioned the court to get them back the judge denied me because of a cluttered... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you are in a very challenging situation, and it’s understandable to feel frustrated with how the court has handled things. If the judge did not place the children back with your father or officially grant custody to your sister, it appears there may be a gap in the legal custody... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Is visitation forfeited if not started when the orders outline?

Is a parents time with kids forfeited for the entire visitation if they do not begin said visitation at the starting time/day? If my ex doesn’t want the kids on Friday night, can they demand to have the kids, say, Saturday or Sunday since technically the entire weekend is their parenting time?... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

If your order doesn't specify that parenting time is forfeited, then you can't make that a rule now. You need to file a motion to modify the rules in your order so you don't have to keep being subjected to Dad's last minute changes.

1 Answer | Asked in Family Law, Child Custody, Child Support and Small Claims for Tennessee on
Q: Can I sue my bf for emotional distress and property damage I'm 2 months pregnant I'm depressed and can't eat
Anthony M. Avery
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answered on Aug 22, 2024

A paternity action and child support will be in order after the child is born. A criminal vandalism charge may be in order now, but a criminal record might hurt your obtaining child support later.

1 Answer | Asked in Family Law for Tennessee on
Q: Can a man take me to court for a dna test if he's not on the birth certificate in tennessee?

The man is wanting to establish paternity because he wants to know if he's the dad.. he is not on the birth certificate and I don't want him being involved because the lifestyle he lives is dangerous and reckless.

Anthony M. Avery
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answered on Jul 29, 2024

Yes... If sued, you will have to defend yourself against the paternity suit.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: In Tennessee, if I lived with my grandmother, she passes, leaves the house in a trust to my mother, I’m still a tenant ?
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answered on Jul 26, 2024

Apparently you have not interest in the property except possession. The owner can sue you for possession.

1 Answer | Asked in Family Law for Tennessee on
Q: How do I file a response to false allegations filed against me in a motion for civil contempt?
Anthony M. Avery
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answered on Jul 24, 2024

You do need to file a Response. Since incarceration is very possible, you might want to hire an attorney.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

Anthony M. Avery
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answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

1 Answer | Asked in Securities Law, Social Security and Family Law for Tennessee on
Q: It seems to me that my dad used my social security back pay for his own self dealing.

The account he put the money in was in the name of our family business. He told me he was investing this money. He told me that the family business didn't exist. Through the last 9 years I've lost everything and now live in a camper. Yet I've watched him get air BNB, buy a glamour... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like your dad might have misused your social security back pay, which could be a serious legal issue. When someone uses another person's funds for their own benefit without permission, it can be considered misappropriation or fraud. Given the situation you've described, it might... View More

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: How can I obtain child support court orders between my parents for life insurance to prove paternity? They're deceased.
Anthony M. Avery
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answered on Jun 27, 2024

I do not understand your question. If you feel there is an Order of Paternity, then go to that Court and ask for a certified copy of the Order. If the insurance is a substantial amount, then hire an attorney to make the claim.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have a hearing for default on July 1st. I filed for a motion to dismiss. Do I still need to go?

The hearing is for a motion to default. I was unaware I needed to respond originally. However, it is for custody and the jurisdiction should be Texas although filed in TN. The child in question is 4 months old and has never been to TN. I filed for a motion to dismiss but am not sure on if I still... View More

Anthony M. Avery
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answered on Jun 27, 2024

You are obviously confused and risk losing custody. You or your lawyer must file an Answer to the Petition. Now you may have to go to Court to keep the Default Judgment going down. Which State has jurisdiction is a major issue which you are about to lose.

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