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Tennessee Juvenile Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for Tennessee on
Q: Do I need court approval for my pregnant minor daughter to get married? Live in Tennessee. Willing to sign papers.

I want to sign the paper she is 16 years old so it is legal with parents consent and I am consenting. So does she still need to have approval by a court?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 22, 2017

No, but you will need to provide the consent when they apply for a marriage license.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Hello, I am 15 years old. I want to know how to get emancipated once I turn 16 (6 months) its very urgent. Please help

My step-mother has PTSD and constantly gets in my face and will assault me verbally. She has told me to go ahead and kill mystelf, forced me back against things pinning me and screams at me literally no space between her and my face upon asking her to move she did so longer. My hands were at my... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 20, 2017

To request emancipation, you have to prepare and file ( at the courthouse) a written petition requesting the Judge order that you be deemed an adult. A copy will have to be served ( delivered) to both parents. If you parents don't object, you petition will be granted. If they do object, a... View More

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Tennessee on
Q: If my child has been evaluated and volintary comited for evaluation, do I have leagal right to have him discharged?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 15, 2017

Based strictly on what you say in this question, I would say "yes" - as the parent ( I assume you have legal custody) you have the right to consent to treatment for your child or to withhold consent, or to withdraw consent.

However, if there are any court proceedings involved, this would change.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Can a 17 year old move out of mother's home after graduating HS? She will still have 4 months before turning 18.

She works a full time job. The mother makes her daughter give her money by telling her she won't be allowed to see her boyfriend if she doesn't. She has been in DCS custody before due to her mom having a drug problem. What is her options?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 3, 2017

She can file a petition in court to be declared "emancipated" ( declared an adult). With only 4 months until that happens any way by operation of law ( on her 18th birthday), it seems unlikely that this would be worth the expense of court action. I think I would just tell her to try and... View More

1 Answer | Asked in Child Custody and Juvenile Law for Tennessee on
Q: Can a 15yr old legally move out?

They're these 15yr old twins that will turn 16 in July can they legally move out of their house

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

First, note that the National Runaway Safeline is a resource for runaway teens and homeless youth who are in need of help. Any person who is 15 or 16 and seeking to live on their own is a target for criminal activity, and the danger they are in should be taken very seriously. For information,... View More

1 Answer | Asked in Car Accidents and Juvenile Law for Tennessee on
Q: What can legally be done to 16yr old who stole &wrecked grandparents car

He's began sleeping with multiple girls,lying about everything,doin drugs,stealing money &just being disrespectful.will he go to juvenile

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2016

Are grandparent's pressing charges? He can be made to pay restitution. Chances are he won't be doing any time because no one will be able to prove he took money, and the rest doesn't get anyone sent anywhere.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: My son is minor and has a child , can he legally sign the birth certificate?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 5, 2016

As awkward as it may sound ( and of course, I don't know the particulars) but I would not advise anyone to sign a VAP ( voluntary acknowledgment of paternity) without DNA TESTING. Its cheap, painless to the child, and it settles all doubt, if any. If not requested initially, it can be hard to... View More

1 Answer | Asked in Traffic Tickets and Juvenile Law for Tennessee on
Q: Must I have a Lawyer to fight an accident traffic ticket in Juvenile Traffic Court, in Memphis TN?

The fine is 42 bucks, but my kid isn't a fault, and we have believe we have enough evidence to prove it. But not sure what the cost of hiring a lawyer will be. How much is the ,(ball park is fine), fee to represent my son in Juvenile Court. We were told that if he didn't have a lawyer,... View More

Bennett James Wills
Bennett James Wills
answered on Oct 25, 2016

You need to contact local attorneys to request fee quotes. Everyone is different. But your son is entitled to a trial. But the cost of hiring an attorney is almost assuredly more than $42.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Tennessee on
Q: I am 15 years old and emancipated. I am also pregnant by my 18 year old boyfriend. Can he get into trouble?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 31, 2016

I assume you are asking about statutory rape charges, because of the difference in your ages. If you are legally emancipated ( that is, you went to court to ask for the removal of your minority status and there is a written court order granting that request) then, in the eyes of the law you are an... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Tennessee on
Q: I'll be 18 in 2 months. My mother is trying to file a petition for an unruly child against me because I'm not home.

I'm in a safe environment. I'm tired of being emotionally abused at home.. What can I do?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 25, 2016

I wouldn't do anything- when you turn 18, you are legally an adult, and when that occurs you are no longer subject to parental control. There's not much a juvenile court judge will do on an unruly petition when you are almost 18 ( for that matter, it probably couldn't not be heard in... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Military Law for Tennessee on
Q: Where can a 17 and 15 year old couple run away legally without any trouble?

We don't want it to affect our school or my chance in the marines

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 8, 2016

If the question is "where, " then the answer is NEVER. A minor can't give consent. Rather than "run away" perhaps you should try filing a lawsuit asking the Judge to declare you (each of you will have to file separately) "emancipated." In other words, A Judge (... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Tennessee on
Q: I am 17 years old(turn 18 in January) my girlfriend is 15(since June) if we ran away in Tennessee would we get introuble

If we both was to write notes before we left and ran away.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 3, 2016

YES. DO NOT DO IT. Even though you may think you are old enough to make these decisions, the law says you are not. Once you turn 18, YOU ( not your girlfriend ) are an adult, so you could be charged with a criminal offense ( contributing to the delinquency of a minor, - your girlfriend is only... View More

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Tennessee on
Q: Can DCS take my baby away because I had no prenatal care?

I had a positive pregnancy test 6 months ago, around the last time I could have conceived a child. I was taking lithium at the time. I made an OB appointment but they didn't want to see me until 8 weeks later. I went to my psychiatrist and she took me off the lithium and put me on a safer... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 3, 2016

DCS never wants to take custody of children, and they do so only in the worst situations. It sounds like you had reasonable beliefs so I would not focus on what has happened in the past , but rather focus on the future. Get yourself to a doctor, take care of yourself, make plans for where you going... View More

1 Answer | Asked in Juvenile Law, Car Accidents and Criminal Law for Tennessee on
Q: Can a juvenile that committed a misdemeanor be tried again in court once turned 18?

It's been over a year since the crime was committed.

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

It's not clear what you mean. If you mean juvenile went to district justice court over traffic ticket,now gets suit papers from person he hit. Yes. One is in the "criminal" system, one is civil.

If he is getting sued, the insurance covering the car he was in needs to be...
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1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: What can I do to get my 6 year old cousin some help? He is the most unruly kid ive ever seen.

My aunt has custody of this boy and she is 70. The boys mom is in jail and I'm afraid he is going to hurt her.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 18, 2016

First, I would suggest talking to you aunt and trying to convince her that perhaps someone else might be able to provide better care for the child. ( an awkward conversation for sure, but if its really as bad as you say, doing "nothing" is not an option either). If no agreement can be... View More

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: Does illegal entry have to be proven in auto burglary case, (TCA 39-14-402? Can a finders-keepers defense be use?

While roaming the woods blanketed with a heavy snow covering, my juvenile grandson and his friend found a camera protruding from the snow. He brought the camera home with him. It was a single camera. The next day, a gentleman came to my home, accusing the juvenile of taking three (3) cameras from... View More

Eugene L. Belenitsky
Eugene L. Belenitsky
answered on Mar 9, 2016

It appears that your grandson admitted to possessing a camera linked to a break in of a vehicle. You can help him by getting a lawyer to defend him. His story needs to be developed and evaluated against the State's proof. It may be that the car was broken into by someone else. Speak with a... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: I'm 17 and got accepted into a college but my parents don't want me to leave. Can they legally stop me from going?

I won't be 18 before the semester starts and want to go to college

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

Perhaps they can. How do you plan to pay the tuition and your living expenses?

1 Answer | Asked in Communications Law, Criminal Law, Family Law and Juvenile Law for Tennessee on
Q: Can I sue DCS for perjury, slander, & failure to perform duties my state obligates them to fulfill during my case?

DCS said a subpoena was signed by me to notify me of court. I had no idea about court & lost custody by default for FTA. No child abuse or neglect alleged or found on me, no failed drug screens by me, no misdemeanor it felony charges by me, how can they just take my children from me?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

You need to actually speak with an attorney who handles these types of cases, juvenile dependency. Without doing that, there probably is no hands on help available to you. Instead of asking how to get your children back, you ask only if you can sue them? I don't get it.

1 Answer | Asked in Arbitration / Mediation Law, Family Law and Juvenile Law for Tennessee on
Q: I have not seen my kids in over 5 years. I pay child support each week and I have been through multiple court battles

the mother never shows up for court. the mediation never gets settled. the courts do not punish her for contempt. and i have ran out of money to keep paying an attorney for this issue. Can i sign my parental rights away?

Eugene L. Belenitsky
Eugene L. Belenitsky
answered on Oct 23, 2015

Yes, but you still have to pay child support until someone adopts the children or they reach age of majority.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: At what age can a child testify in court in Tennessee?
Eugene L. Belenitsky
Eugene L. Belenitsky
answered on Oct 18, 2015

There is no limit generally; <12 may testify as to custodial preference but the Court has to give permission; >12 may testify as to custodial preference.

The general rule is the rule of evidence 601 on competency of witnesses to testify. That rule changed the common law rule in...
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