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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: Does anyone have questions about dcs I don't know the laws and there wanting to give her a private forensic interview

I don't know what this is and she is scared to death she don't want to be around these people

Anthony M. Avery
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answered on Jun 24, 2024

DCS is trying to put someone in jail. Girlfriend does not need to talk to them. And she should not talk about the kid involved at all, to anyone.

1 Answer | Asked in Family Law for Tennessee on
Q: I have been married 5 years to a guy who is asking me to move out into a camper so he can have his space.

How should I protect myself. He owns million dollar house. Has my money from sales of homes and my credit cards ran up so he could defend lawsuit. That is coming to a close. Should I leave or insist to stay in home. I am camping out w my grandkids currently and he calls me with his brilliant... View More

Anthony M. Avery
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answered on Jun 18, 2024

Consult with a really good divorce attorney, possibly out of County. You will need to pay him for pre-divorce filing advice. An expensive Legal Separation might even be appropriate here.

1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: I was court ordered today not to talk to my son about my religion
James L. Arrasmith
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answered on May 24, 2024

Being court-ordered not to talk to your son about your religion can be a difficult and complex situation. This type of order may be issued in custody cases where there are concerns about the child’s well-being or conflicting parental beliefs. It's important to understand the specific reasons... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I just received a letter that I was being found substantiated for comiting child abuse or neglect for drug exposure

What am I to expect what should i do

Anthony M. Avery
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answered on Apr 19, 2024

Your facts seem confusing. But you definitely do not want to talk to anyone about any kind of child abuse except an attorney. It may be time for a new phone, and definitely do not use illegal drugs. Hopefully you will not be charged, but be ready to make bail and hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can a lawyer notarize a document he was paid to draft and file on behalf of his client ?

In a parental agreement ejudication

Anthony M. Avery
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answered on Apr 15, 2024

Yes

1 Answer | Asked in Family Law for Tennessee on
Q: Will I be arrested by police in hotel if caught by police during extra marital affair?

Our partners does not know this however we are trying to check if police can raid our room if so how can we handle it?

Anthony M. Avery
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answered on Apr 1, 2024

No raid and arrest for sex. But if criminal activities occur, then yes.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

Anthony M. Avery
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answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What do you do when you can not get in touch with a lawyer you have already hired?

Hired for Georgia Child Support not Tennessee.

Anthony M. Avery
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answered on Feb 26, 2024

You will need to post in GA not TN. And try all possible methods of contacting the attorney. You may need to hire another attorney as your case will be in jeopardy.

1 Answer | Asked in Criminal Law, Family Law and Child Support for Tennessee on
Q: I have two left charges under $340 in total. Schedule 4 and 6 charges also. One place I worked there. Family law too
Anthony M. Avery
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answered on Feb 26, 2024

What is your question?

1 Answer | Asked in Family Law for Tennessee on
Q: How do I change the date on my birth certificate that’s clearly incorrect?

My birth certificate says 2/29 there was no leap year that year, so the date will not go into a computer. Back when I got my first drivers license they put 2/28. Now that real ID is becoming a thing for flying and to obtain a passport I really need to get this corrected. I am currently in TN but... View More

Anthony M. Avery
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answered on Feb 19, 2024

You will probably need to get a NV attorney in the Las Vegas area to file an action in Court to change that mistake to the 28th or 1st. It will probably be expensive and require your appearance in

Court.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Hi how do I as a 31 year old get adopted by new parents? My biological ones don't want me they made that clear.

They are also trying to take my son through the court

Anthony M. Avery
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answered on Jan 29, 2024

New parents need an attorney to put together an adult adoption. It is not simple as real parents must have their rights terminated if not agreed to. Your son is a separate custody matter.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

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answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
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answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Family Law for Tennessee on
Q: Dear Esq., My nephew stole family property. I filed suit. He gets a Temp. Retraining order. How can I serve him papers

if I have restraining order. What should I file to get this order set aside until our mid Jan. hearing on the stolen property? Gena

Anthony M. Avery
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answered on Dec 14, 2023

Rarely would any TRO prohibit filing suit or service of process. Unless TRO specifically says this, your lawyer should get him served. If TRO actually prohibits a suit and process, which I doubt, then you have to go to the Court which issued the TRO and ask to modify it.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Tennessee on
Q: Removed from Will by executor after the executor

I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More

Anthony M. Avery
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answered on Dec 6, 2023

What is your question? You will have to rewrite your request.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Will child protective services take a child from the parents custody because the child changes schools 3 times in a year
James L. Arrasmith
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answered on Nov 9, 2023

No, in Tennessee merely changing schools multiple times is unlikely by itself to lead to Child Protective Services removing a child from their parents' custody.

The Tennessee Department of Children's Services (DCS) follows specific legal standards for when removal is appropriate....
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1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: in Tennessee where do you file an emergency custody? Kids live in Dickson Co. Father lives in Cheatham Co..

What County does he have to file?

T. Augustus Claus
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answered on Nov 1, 2023

The father would need to file for emergency custody in the county where the children live, which is Dickson County.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: if I have 50% custody and so does my child's father is it legal for him to stop her from coming over to my house?

My child's father has 50% custody and has been refusing to let her come over during my scheduled time because he doesn't want my partner around her he says she already has a man in her life and that it's him so he's refusing to let her come over.

T. Augustus Claus
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answered on Oct 30, 2023

It is not legal for your child's father to stop her from coming over to your house during your scheduled custody time. You both have the right to equal parenting time with your child, and he cannot interfere with that right simply because he does not like your partner.

If your...
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