Tennessee Recent Legal Answers from Lawyers

It is possible that things that a person says at a visa interview may negatively affect them later on in a later interview with U.S.C.I.S. in an I-130 interview, in which the focus is on the bona fides of the marriage. The American Consulate usually forwards any derogatory information when U.S.C.I.S. notifies it that an individual is adjusting status in the US. A U.S.C.I.S. officer may then question the alien concerning discrepancies, especially related to establishing a real marriage. A primary concern may be where the alien claimed to be married to establish ties and bonds with the home country to get the visa, but was not. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

It is unlikely the attorney is making up the Rules, but it's almost certain he knows the Rules. The Tennessee Rules of Court book is several inches thick, and a new one comes out every year with changes. Plus, each Circuit has local rules, and within circuits, each judge may have their own chamber rules. The attorney knows all of those.   The people who operate this website say I am not really supposed to answer with "you need a lawyer," but it's a fact. Legal aid will help some folks, but only in some cases. Otherwise, lawyers get paid. If someone has quoted you $1500 as an initial retainer, that's a good quote to get started in a contested custody case. I understand in some circumstances fifteen hundred may as well be fifteen million, but if there's things you can sell, sell them. The reality is a good lawyer can and will devastate a person representing themselves.   It's not that the judge may not want to hear both sides, but just like you can't play basketball with a croquet mallet, there's super specific Rules of Evidence, Procecure, etc., and if you dont' follow each rule, even the best, strongest, evidence will not be considered. The Court simply may not consider evidence not properly introduced. Pro se individuals almost never manage to get their evidence into evidence, meaning it is not ever actually evidence. ... Read More

To take custody from biological parents, she would have to prove to a Court you and the father were not able to safely raise the child. As you can imagine, quite a lot of proof goes into a case like that. Your post suggests there is not any proof; if that is true, she would not succeed in an action to take the child. If you have a place to live, a job, and are drug free,, with no history of violence or criminal record, it seems unlikely she could win a case like that.   Now, to be fair, I suspect she must at least think she has proof of something, or she is just trying to scare you. Only you know what information could be out there. If she can prove that you and/or father are not in fact able to safely raise the child in a safe home, it is possible a third party could get temporary custody, until you fix whatever issues might exist.... Read More

To be charged with failure to appear, the State would need to show you were served. I'm not advising you to leave town while subject to an outstanding subpoena, but if you do, an attorney in your new town would be able to contact the prosecutor and most likely resolve the issue. I can only speak for myself, but I've had more than a couple prosecutors threaten to charge a DV victim who didn't come to court. I've never had one actually do it.... Read More

Yes.  The executor or administrator of the estate (who is apparently not you) has a legal obligation to collect all the decedent's assets, pay his debts and deliver the remainder according to the terms of the Will or, if there is none, to the heirs at law under state law.  Since there is a widow and since you have living parents, it is hard to imagine that you are an heir at law under the law of any state.... Read More