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Tennessee Family Law Questions & Answers
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: 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: 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 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 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.

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

1 Answer | Asked in Family Law, Real Estate Law and Probate for Tennessee on
Q: I believe my son was cheated out of his inheritance since at the time of his grandmother's death he was just 14 years

Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More

Anthony M. Avery
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answered on Aug 1, 2023

You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.

1 Answer | Asked in Consumer Law, Family Law and Tax Law for Tennessee on
Q: State collecting debt

My mother passed recently and was put in nursing home in June 2020. Signed up for personal choice with State and also had Medicare. However nursing home bills are paid but State saying I’m responsible for my mother debt they paid while in nursing home. I am unaware of this debt? Now they want... View More

Anthony M. Avery
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answered on Jun 14, 2023

Hire an attorney for advice on asset protection, exemptions, and also prepare to defend against the State's probable lawsuit.

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Juvenile Law for Tennessee on
Q: Four years ago, my mother made me have a bath naked with two 12-year-old girls when I was 14 years old, can I sue?

I'm 18 and male. Four years ago when I was 14, my mother was going to visit her friend who lived in the countryside for a few days and she took me with her. While we were walking over to her friend's house, I slipped and fell in the mud. When we arrived at her friend's house, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Generally, you cannot successfully sue someone unless their actions or inactions caused you to suffer actual legally compensable injuries. Your question does not mention any such injuries, and it is difficult to imagine how the facts you describe would likely result in any such injury.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee on
Q: Pro Bono Needed Please!!!!!!

I have recently been through heck and back since February of this year, My mom passed March 13th 2023 also, but my child’s father has not seen or talked to my daughter for 7 or so months, we have a court order for child support since 2017 . The last payment received was 12/12/22. When they try to... View More

Henry Ambrose
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answered on May 30, 2023

Go to the local Child Support Office and take all your court orders about your child with you. They may be able to help you. If that does not work out, contact Legal Aid. You may be able to get a pro bono lawyer.

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