Tennessee Recent Legal Answers from Lawyers

Legally, as a relative you could be considered for placement if legal mother (bio grandma) is abusing or neglecting the child. As a practical matter, if the therapists and DCS workers do t believe the child and believe mom, it's going to be very hard. The abuse and neglect would have to be proven by clear and convincing evidence. It certainly sounds like a very difficult situation. ... Read More

If you pass the drug screens, then drugs won't be an issue in your custody case. If you can prove that your husband knew you were clean and made the accusations anyways, it's possible the Court would consider that as a factor in making a custody decision. There are lots of factors, and each gets weighed, so nobody can say exactly what effect any one thing will have.... Read More

Your husband's estate owes the bills.  Your, personally, so not.  You may want to see a local probate lawyer to learn whether you can set aside the house and certain funds from possible collection by creditors.  Please note that only the federal government can garnish your Social Security.... Read More

That's a lot going on; I'm sorry you have so much on your plate. Father could file an action for primary custody, and he could ask the court to let him move out of state. All of that would be done using the child's best interest as the baseline. There are a lot of factors, but number one is continuity of placement and who has been the primary caregiver to the child. In the real world, I won't say more money doesn't matter, but it doesn't just mean he wins. It's not against the law to be poor.... Read More

It is possible for the petitioner to set and serve a final hearing date, and if the respondent does not appear, the court certainly has the option to move forward. To answer whether they will move forward in your case would require someone to review how exactly you were served, and how exactly you were given notice of the hearing. If it was mailed to your address and you just didn't see it or open it, that would still be notice. I don't wanna read between the lines too much, but your question makes me think you have not necessarily been participating in the divorce, at least not as much as your husband.  Court can hold that against a person, especially in scheduling.... Read More

It depends on the unique facts of your case. Counsel anywhere in the USA can represent you by filing a G28 which is a "Notice of Appearance of Attorney of Record." Be advised that the new public charge rules take effect on Monday which requires intending immigrants to file a "Declaration of self sufficiency." This is a brand new form pursuant to the Trump administration's recent court victory. This form requires very extensive financial, medical and educational background information. Consider working with an attorney to maximize your chances of success. Some of us charge a very affordable flat fee. Good luck. ... Read More

If your Husband is legally eligible for Divorce (most people are, if they want one), the Court cannot consider yourself religion in granting that Divorce. It could very likely affect the financial outcome, however. The more one spouse may be legally injured by the other, the more types of compensation might be available.... Read More

An unmarried father in TN doesn't have any rights to a child unless he goes to court and asks for them. If he doesn't do that, no rights. His obligations, primarily child support, are separate and a person can't sign away their own obligations. He can see the child or not, but he will need to pay support.... Read More

If there is proof (clear and convincing evidence) that the new husband poses a significant risk of material harm to the children, a Court could grant a restraining Order or modify the parenting plan. Fairly  high standard of proof. It will depend on the exact facts of the domestic violence with wife and older daughters ... Read More