Tennessee Recent Legal Answers from Lawyers

The below is the Tennessee custody law, edited a bit for clarity. It lists everything a Court has to consider. Not sure what 'get custody' means. If you mean you want to go away from the equal time, and be the primary or even sole legal custodian, you will have to prove that is in the child's best interest using the factors below. If she wants to go away from the equal time, she will have to prove the same on the other side. If you have equal time, but you earn more than her, probably you will still pay child support. Not wanting to pay child support is (obviously) not going to be a reason you can give the court why you should have more custody than mother, just like wanting to get more child support would not be a good reason.       https://codes.findlaw.com/tn/title-36-domestic-relations/tn-code-sect-36-6-106.html... Read More

Property acquired during a marriage is marital property. Title does not matter. Those cars are joint legal property. The police won't arrest you, and if they do, your lawsuit against them will be a good one. Take whatever car you need to work, or wherever else. The same goes for any other property, money, etc.   If he threatens you with police, tell him to ask the officer/deputy to call you. Explain you are married, and the car was purchased during the marraige, and that's about the end of it. ... Read More

You will need to be represented by a local attorney experienced in guardianship.  You can find a list on the website of the Special Needs Alliance or use the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).  Your county court or state bar might also have a list.... Read More

I'm sorry to hear about your wife.  If she feels she will be out of work for a minimum of 12 months and has the necessary amount of work credits, she should file for Social Security Disability.  It's always highly recommended that she have an attorney represent her during the entire process.    Attorney Scott F. Boccgio, Esq President Legal Rights Advocates... Read More

If your husband is served with a subpoena and does not want to submit to the DNA test, he will have to go to the Court and seek an Order relieving him from the subpoena. He cannot ignore it. If the other lady's ex is not the father, and your husband possibly could be, I expect a Court would Order the test. Your circumstances are terrible, but the law will hold a biological father responsible for his child, no matter who the parents may or may not be married to. The tips from lawyers.com tell us we are not supposed to say things like "you should speak with an attorney." Well, sorry, but your husband needs to speak with an attorney yesterday. ... Read More

If I am reading correctly, you are paying towards a child support arrearage to one person, but the child is now living with a different person, and you are paying that person child support. That is legal. The court might, in the arrears case, adjust that payment downward, but that depends on many factors. I cannot tell from your question if the judge who set the "new" child support had the arrears payment in front of them when they set that payment. If so, then it's been considered and ruled on. If not, it might be possible to have the Court adjust that arrears payment. ... Read More

Unfortunately, if your sister's parental rights were terminated, she has no legal connection with that child anymore. The law would call any relatives of the adoptive parents the child's relatives, and they would go before anyone else. Your sister or you would be legal strangers. If the child is in state custody, it may be that your family could try to get a placement, basically be a foster home. That would require the assistance of someone who spends every day doing cases like that, which I do not. In most counties, there is a core group of attorneys who handle cases like your niece, and your family will need one.... Read More

I would say the law says support cannot be waived. I would also say it happens. In certain counties, there is no chance a judge would approve the waiver, but the parents might, possibly, be able to make a legal agreement that would have the same effect. As you likely know, there are a number of financial inputs that go into the child support calculation.... Read More

Your are correct that the legal limit for a title loan is $2,500 and if you had borrowed that from a Tennessee based company you would not have had to repay that portion over $2,500. However, if you went to Georgia to take out the $5,000 title loan, then the Georgia based company is not subject to the $2,500 limitation of Tennessee (even if you and your car are based in Tennessee) and you would have to repay the loan.... Read More