Tennessee Recent Legal Answers from Lawyers

As a general rule in cases like this, the insurance will offer the policy limits of $250,000, which is all that they are liable for. You do have the option of going to trial and maybe get a judgement, say for $1,000,000. How will you get the $1,000,000? The Defendant probably doesn't have anything to satisfy the judgment or he might file bankruptcy. Additionally, you would have to go to South Africa to satisfy the judgment!... Read More

Tennessee has a unique legal statute on emancipation. The minor may have a next friend petition for the removal of the disabilities of minority in the chancery court in the county the minor resides. So, courthouse.   The petition must state, among other things, the reason on which the removal of the disability is sought. If a decree is rendered removing the disability of a minor, the decree will be rendered for a specific purpose and the purpose will be stated in the decree. The decree may be for the partial removal of the disability to enable the minor to do some particular act or for the general removal of the disability. I think this petition will require an attorney's help.   If general emancipation is granted, the minor will have all of the rights of an 18 year old, including the right to contract, sue and be sued, and buy and sell property. The court then decides on the Emancipation, and no minimum age is specified (§29-31-101 et seq.)... Read More

Thank you will have better success if you will re-post this question under criminal law, but since nobody has answered I will tell you what I think. Again, I suggest you verify this with a criminal attorney who practices in your county. I think once a warrant is issued, she is going to have to surrender herself on the warrant. If you time it right, say first thing in the morning, you should be able to get in front of a judge to confirm the fine is paid and deal with that bench warrant without the individual having to spend the night in jail, but I don't think you're going to be able to avoid an arrest and booking at this point. Judges don't play with people not coming to court. I think they will put her in jail just for a minute... Read More

So, the court is required by law to favor the parents, but only until they are not. I know that sounds vague or strange, but my point is that at some point, the court may give up on the birthparents, and so custody could remain with a third-party, such as grandparents. That's the good news I guess, but the bad news is you will definitely need an attorney to convince the court that is the point that's been reached. Ultimately the court is supposed to go with a child's best interest, but the burden of proof will rest on whoever it is claiming that the birth parents are not currently fit.... Read More

So, your post does not say what part of the great state of Tennessee is home for you. If you specifically google divorce attorney for your area, or for that matter this very website has geographic listings, you should get a number of names and numbers. Call and set up consultations with the two or three that appeal to you the most, and then hire somebody. Depending on where you live, where are your spouse is, etc. So, your post does not say what part of the great state of Tennessee is home for you. If you specifically Google divorce attorney for your area, or for that matter this very website has geographic listings, you should get a number of names and numbers. Call and set up consultations with the two or three that appeal to you the most, and then hire somebody. Depending on where you live, where your spouse is, etc. lawyers in your area will be able to tell you roughly how long this should take and how much it will cost... Read More

If you're operating under an Order giving father supervised visits, you shouldn't stop those without getting permission from the Court. Is there another supervisor who can make sure the visits are safe but maybe without triggering his anger/abuse issues with you? You don't have to sit and just take verbal abuse, but you need to document it. If the verbal abuse includes specific threats, especially if there's a history of physical abuse, those threats could support an Order of Protection. In some counties OP's seem harder to get. ... Read More

I'm sorry for your loss. If the father never had his rights established, then mom had sole custody at her death and so her family would be, legally, the child's only family. Father's family could Petition the Court for rights, including more time or even possibly custody. I think along the way the families might reach an agreement, so long as everyone is thinking about the child's best interest.... Read More

If you have a Parenting Plan with visitation, supervised or otherwise, then you should be able to enforce that Order. Since you were married, that action may be in the Circuit Court, which is a difficult place for someone with no attorney. You need a Petition for Contempt, which is pretty serious since she could, possibly, even go to jail.   If you have a support order, but no parenting plan, then you will have to Petition for a Parenting Plan, so you have something to enforce. That is also not something easily done without counsel.    Once you do get in the door, it sounds like you are going to need some reunification counseling with your children. That may be another expense. The Court can fix the no contacting part, but it can't fix a child who thinks they hate their father, and it can't make him feel wanted. Whether as part of a Court Order or not, the relationship needs fixing.    ... Read More

The birth parents do not have to consent to the adoption but they must be given notice of the action, unless they are deceased. The law states, “When petitioner seeks to adopt a person who is eighteen years of age or older, only the sworn, written consent of the person sought to be adopted shall be required and no order of reference or any home studies need be issued."... Read More