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Tennessee Family Law Questions & Answers
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... Read more »

Anthony M. Avery
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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... Read 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... Read 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
Anthony M. Avery 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... Read 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.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: How do you justify that a home is "otherwise harmful to you" in terms of getting emancipated?

I have all the other necessary requirements: job, money, living situation, maturity, transportation, etc., but if my parents don't agree to emancipation, how do I justify that it is necessary for me to be emancipated? I know it is, but how is it objectively determined? In other words, when I... Read more »

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

As a minor, you cannot file the petition yourself. You must have some adult or what is referred to as a "Next Friend" file it for you. It can be anyone familiar with your circumstances.

1 Answer | Asked in Family Law for Tennessee on
Q: My husband gave his daughter power of attorney over him before we got married does a power of attorney override me now
Anthony M. Avery
Anthony M. Avery answered on May 22, 2020

Not sure what you mean by override you now. But the POA is not affected by the Principal's subsequent matrimony. You might ask your Husband to revoke that POA now, and to possibly appoint you as his Attorney-In-Fact. The POA might actually be a health related instrument, dealing with... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: My question is am I legally responsible as a Surrogate Decision Maker for financial occurrences incurred by the Patient?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 21, 2020

I am not sure what you mean by surrogate decision maker. Are you referring to SURROGATE DECISION MAKING FOR INDIVIDUALS WITH MENTAL RETARDATION

OR MENTAL IMPAIRMENT RELATED TO DEVELOPMENTAL DISABILITIES?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Daughter's friend kicked out of her mother's home she is 17. Asking to move in with us. What are steps to make legal?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 19, 2020

You are in a precarious situation. Harboring a runaway is a crime and if the mother wants to vengeful, she could make that argument. If you believe, as you question suggest, failure to provide for a minor is neglect and abuse. Everyone in Tennessee is a mandatory reporter for neglect and abuse. The... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Is running away from home at 17 in Tennessee illegal? If not, can the parent make her child come home?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

Running away as a minor is never legal. Unless you are in danger at home, then yes, she can make you come home. If you are abused at home, you need to let someone know.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Mr Denison

Would a lawyer be able to attempt to work some kind of an agreement in lieu of a dvo to prevent me from not being able to possess a firearm due to my job?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

I can only assume that DVO means a domestic violence order. There are exceptions if what you are referring to is an order of protection action, however you need the assistance of an experienced family law attorney. Do not respond with any specifics of any allegations as social media such as this... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Paying support for years w/o a court order just by verbal agreement with other parent.

I have paid support on my child for 10 years with no C.O. Other parent is denying visitation now. If I take other parent to court and they find my support order should be more will I be held in arrears even though other parent never filed motion for child support in 10 years.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 13, 2020

I hope you did not pay her in cash with no receipts. Currently, the Courts are instructed to only go back 5 years without a specific finding it should go back further. Additionally, if you have not be deemed to be the legal, not only the biological father of the child, then you must legitimize the... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: In Hamilton County Tennessee, what do I need to do to terminate child support payments?

My ex-wife and I share 1 daughter who is turning 18 and graduating high school both in May 2020. I pay monthly child support directly to my ex-wife per our divorce agreement. Is there a form I can secure somewhere and file with the court along with appropriate fees - or - do I need to secure an... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 11, 2020

You cannot simply file something with the Court. You would need a motion to get an order terminating the child support. If there is an arrearage, then payments would continue to be taken. Your best course of action is to consult with Hamilton family law attorney who can take care of this for you.

2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Is a discovery request by an attorney court ordered?
Bennett James Wills
Bennett James Wills answered on May 11, 2020

Discovery is mandated by the rules of civil procedure. If one fails to respond to discovery, an attorney can seek sanctions.

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1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

2 Answers | Asked in Domestic Violence and Family Law for Tennessee on
Q: In Tennessee for an ex parte protection order, is a hearing required within 15 days of service of that order?

I have been under an ex parte order of protection for 6 months. Does this violate my due process rights?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

At this time the Tennessee Supreme Court has issued Orders continuing Order of Protections until it determines it is relatively safe to conduct hearings. So, no under these circumstances your rights have not been violated. If you do not have an attorney, you need to get one asap.

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1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: If Tennessee department of chikd services violated numerous of my civil rights and removed my children

With no proof made me pay for the paoers givinf temp custody away or black mail me to split my kids up in different countys if i didnt. Disnt give me chance in court or court date perios but had judge sivn papers for temp custody as ipen case when it was ckosed told my 17 yr old daughyer biut my... Read more »

Daniel A. Herrera
Daniel A. Herrera answered on May 4, 2020

I've very sorry about your situation. You need to contact a local family law attorney in your area. Try to find one that offers a free consultation and they should get back to you with a better response.

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