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Tennessee Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: Can you get an annulment in TN after 16 years of marriage that began while you were still married to your first wife

You found out you were still married to your first wife after 3 years of marriage to your 2nd wife and you then divorced your first wife however did not remarry your 2nd wife. Does this mean your 2nd marriage is invalid? Can the person who was married be liable and go to jail for bigamy after... View More

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

The second marriage is invalid. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: So I was arrested and the officer that arrested me happened to be a family member is that a conflict of interest
Anthony M. Avery
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answered on May 4, 2022

No.. LEOs are not subject to ethical constraints.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: My sister filed petition to be my conservatory i dont want that because im capable. What are my options to preven
Nina Whitehurst
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answered on May 4, 2022

You will be contacted by a guardian ad litem appointed by the court to interview you. Explain your wishes to him or her.

You will also receive notice of a hearing. Attend the hearing and present your arguments.

Finally, consider hiring an attorney to represent you.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I've been fighting to see my kids for over a year and I live in Kentucky but the case is in Tennessee and I need help
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on May 1, 2022

It will help any attorney who wants to respond if you could provide more background information.

For example,

1) Who has custody?

2) Is there a Tennessee court order finding that the children were dependent and neglected?

3) If so, does the order reflect that a...
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1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: can male inmates receive furlough because their partner is giving birth?
Cayley Turrin
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Cayley Turrin
answered on Apr 27, 2022

It depends on a variety of factors. I would talk to the attorney that handled your case.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Tennessee on
Q: If someone is convicted of aggravated child abuse could they ever get custody back of child?

Aggravated child abuse in car accident

Cayley Turrin
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Cayley Turrin
answered on Apr 27, 2022

It depends on the courts decision. There is not a law that says never though but consult with a family law attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: How to pursue relocation if I am the custodial parent of 2 boys?

Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support,... View More

Thomas W Coupé
Thomas W Coupé
answered on Apr 20, 2022

The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.

The notice must...
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1 Answer | Asked in Family Law for Tennessee on
Q: What happens in court for first time on a child neglect case
Thomas W Coupé
Thomas W Coupé
answered on Apr 20, 2022

It depends on each court, but if DCS is involved it normally means DCS will file a petition for dependency and neglect and state in that petition why they believe a child is in danger. If DCS believes it is an emergency, they may file a Protective Custody Order (PCO) and remove the child from the... View More

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: If parent filed modification for custody in TN and TN parenting plan wasn’t signed by judge would previous order stand?

There is a previous order from another state. If TN parenting plan was never signed by a judge is previous order in another state still valid?

Thomas W Coupé
Thomas W Coupé
answered on Apr 20, 2022

The courts speak through their orders and only order that have been signed and entered will ultimately have authority.

HOWEVER...sometimes a court will rule on a matter and that ruling takes effect immediately. Sometimes there is a delay before the order has been created, filed, signed, and...
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2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Tennessee on
Q: Can you sue a family member for owing you 45k but they don’t want to pay back and their is no contract
Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

Yes. You can sue. But not having a contract for a loan may enable them to a decent defense. Consult counsel to determine your options.

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1 Answer | Asked in Family Law for Tennessee on
Q: If a drunk driver injured or killed someone, can their spouse be sued as well as them
Anthony M. Avery
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answered on Mar 28, 2022

Sometimes they own property as Tenants By The Entirety, such that Executions affect both. If the Spouse allowed use of the vehicle, absolutely.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: In Tennessee does a father not married, but signed the birth certificate legally have 50:50 on his child?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 25, 2022

Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My son & his GF are 19. Can my ex bring up in court that they stay the night together at my house?
Anthony M. Avery
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answered on Mar 9, 2022

Yes if it is relevant evidence to the issues before the Court.

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Do I have to pay Child support if I sign my rights over
Anthony M. Avery
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answered on Mar 2, 2022

If the Order Terminates Your Rights, then no ongoing child support.

1 Answer | Asked in Family Law for Tennessee on
Q: My child’s grandmother has visitation right but isn’t following the visitation hours

When I go to pick him up on visitation time pick up their never their can I stop sending him over their cause shes not obeying the court order visitation times ?

Bennett James Wills
Bennett James Wills
answered on Feb 22, 2022

Don't just stop complying with a court order. You would be wise to consult with counsel, but if you're having problems then it's best to let the court know and seek a modification as appropriate or seek an order of contempt.

1 Answer | Asked in Family Law for Tennessee on
Q: Before my mom passed away she put her home in my brothers name what rights do I have.

Can I take this problem to probate court

Anthony M. Avery
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answered on Feb 18, 2022

It appears that Probate Court has no jurisdiction here. Apparently there was a Deed. What grounds would you have to set aside the conveyance in Chancery?

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: In Tennessee do you have to have a reading of the will?

My mother died last week and my sister has a copy of a will that leaves her everything. She may have the original but I have not seen it. Will there have to be a reading or anything else to prove a valid will?

Nina Whitehurst
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answered on Feb 13, 2022

The "reading of the will" is something that happens in movies for dramatic effect. It is not something that happens in real life. In real life the way a will is proven is through a process called probate, which is a type of court case. The person who has possession of the will is... View More

1 Answer | Asked in Family Law and Civil Litigation for Tennessee on
Q: What are the statue of limitations on forging and selling a vehicle thats not yours but a family members

Our father passed and my siblings sold my vehicle without my permission nor did I recieve any money from the sell. They forged the title and kept the vehicle and all out of my knowledge till after our fathers funeral . what are the statue of limitations on a case like this and what can I do about it

Anthony M. Avery
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answered on Jan 31, 2022

Probably a 3 year SOL

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: In 2009 My dad passed away while I was still a minor,I am an adult now and wondering what my rights are?

when i was 3 mo old my mom met the man that would legally adopt me as his son, my mom passed away, a few years later my dad also passed away. I was still a minor, and was left to live with this relative...then passed around to the next relative until I turned 18 and was totally left on my own.... View More

Anthony M. Avery
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answered on Jan 31, 2022

As a practical matter, the personal property is probably gone. But that Deed is interesting. You need to search the title and check the taxes. It might be a very good case for a Partition Action. You will have to hire a competent TN attorney that knows real property litigation.

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