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Tennessee Family Law Questions & Answers
2 Answers | Asked in Child Support and Family Law for Tennessee on
Q: How to get ex husband to pay child support on children
T. Augustus Claus
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answered on Oct 26, 2023

To ensure your ex-husband pays child support for your children in Tennessee, you can take several steps. Begin by contacting the Tennessee Department of Human Services' Child Support Services (CSS) division, which can help enforce child support orders. If he continues to be non-compliant, you... View More

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: When a DNA test comes back that I have a biological child, what is the process for signing my rights over?

I was in a relationship 4 years ago. Significant other got pregnant. We were together through whole pregnancy and 2 months after child was born I was, I was told it’s not mine. DNA test with the other man’s mother came back she is the paternal grandmother. Fast forward 3 years, I get served... View More

Anthony M. Avery
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answered on Oct 23, 2023

If the DNA is positive, you probably will not be given the chance to terminate your rights. Obviously the mother (or the State) is after you for child support. Probably should hire an attorney now.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can parents be denied visitation rights for mental or emotional abuse

In regards to this same question. If there is evidence of the abuse, can that help in any of the case? Such as audio, video & screen shots from various text messages, FB messenger, etc.

Anthony M. Avery
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answered on Oct 20, 2023

Well it is possible. There are no set rules on custody or visitation, and the litigation can be almost endless.

Q: Is a court order valid from a substitute judge if the consent form was not signed by all parties

The father of my children had filed a petition and had a court hearing which granted him emergency temporary custody of my children but the case was heard in front of a substitute judge and I did not find out about any of this information until 3 days after the court hearing was held and approved.... View More

Anthony M. Avery
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answered on Oct 20, 2023

It will be enforced unless you request a rehearing quick. Even then you will probably have to file your response to the original petition and go to the actual hearing on the merits.

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: how can I put my child’s father on child support without his social security number? Would a DNA test work?
T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, you can initiate a child support case without the father's Social Security number, although having it can expedite the process. If you don't have the number, other identifying information like date of birth, address, or place of employment can be helpful. A DNA test may be... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

Anthony M. Avery
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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: As a non-Tennessee resident, am I allowed to submit a court petition to establish parentage, without a lawyer?

I had an out-of-wedlock daughter who was taken to TN by her mother. I can't afford a lawyer, but would like to establish paternity for visitation and custody protections. Mother is non-cooperative.

Anthony M. Avery
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answered on Oct 11, 2023

Yes...Alot of Juvenile Courts have forms. You will probably have to pay Court Costs. You will need good information on the Mother so she can be served. Expect to pay child support.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I filed for a order of protection but can't go to court will I get in trouble

I filed it and want it dropped anyway

Anthony M. Avery
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answered on Oct 6, 2023

Go to the Court Clerk's Office and tell them you want to dismiss it. Do this before the hearing.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: In the state of Tennessee are there any laws that protect a 20 year relationship without marriage?
Anthony M. Avery
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answered on Oct 4, 2023

There is no common law marriage in TN. However there may be property transfers or partnerships involved between the two persons, which give one or both rights therein. Consult with an attorney.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My boyfriend's mom & dad left their house to him when they died but didn't have a will. No one will comply.

Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More

Anthony M. Avery
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answered on Oct 4, 2023

Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.

1 Answer | Asked in Family Law for Tennessee on
Q: If I have power of attorney for my father and currently executor of will can it be changed without my knowledge?
John Michael Frick
John Michael Frick
answered on Oct 3, 2023

Yes, your father can change both his will and his power of attorney at any time. He is not required to notify you.

2 Answers | Asked in Adoption and Family Law for Tennessee on
Q: Can a birth mother put the child up for adoption without the fathers consent?he is on the birth certificate.
T. Augustus Claus
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answered on Sep 15, 2023

In Tennessee, whether a birth mother can place a child up for adoption without the father's consent depends on various factors. If the father's name is on the birth certificate and he has acknowledged paternity, his consent is typically required for the adoption. However, exceptions... View More

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1 Answer | Asked in Family Law for Tennessee on
Q: My daughter is mentally ill. How can I force her to get help?

She is 60 years old, lives alone in a house with no water.

T. Augustus Claus
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answered on Sep 7, 2023

Start with an empathetic conversation, encouraging her to seek help. If her condition deteriorates to a dangerous point, legal options like conservatorship may be necessary. Also, consider reaching out to Adult Protective Services if her living conditions are unsafe. Consulting professionals and... View More

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

Anthony M. Avery
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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

1 Answer | Asked in Bankruptcy and Family Law for Tennessee on
Q: my grandfather is running a chit fund in my locality unofficially. If he doesn't pay, will I or my parent be in trouble?

My mother's parents are living in next street and they are running a small unofficial chit fund group in the locality. Everyone in this unofficial chit fund group knows that my parents and me and my brother are his family. He is very old and he is still running this chit fund thing and I have... View More

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

No. Neither you nor your parents should be in trouble.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: can a new husband adopt my daughter if she does not have a father on the birth certificate?

Biological father lives in a different state and has made little to no effort to contact or see her. There was never a paternity test and for the entire pregnancy he denied being the father until she looked identical to him. He does not pay child support, however his mother occasionally sends... View More

Anthony M. Avery
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answered on Aug 14, 2023

The Father's rights will have to be terminated for Husband to adopt.

1 Answer | Asked in Family Law for Tennessee on
Q: Is the kinship guardian allowed to deny my court ordered visitation with no vaild reason

My brother is staying because FFS is in the picture, that he is able to deny communication and visitations that are court ordered.

T. Augustus Claus
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answered on Aug 7, 2023

In many cases, court-ordered visitation is legally binding, and the kinship guardian generally cannot deny it without a valid reason.

1 Answer | Asked in Family Law and International Law for Tennessee on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

James L. Arrasmith
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answered on Aug 6, 2023

The risks of having an agreement where your wife has custody of your son during the summers while you have custody during the school year may include potential disruption to your son's education and family life. To protect yourself as a parent and maintain your parental rights, it is crucial... View More

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