Tennessee Child Custody Legal Questions

 It is possible that you could end up with custody, but under the facts you describe that would have to be awarded by the court in Vermont.  A judge in Vermont certainly has the power to give custody to a relative in Tennessee, but you would want to ask your specific questions to an attorney with a Vermont license.... Read More

 Cases involving two or more jurisdictions (states) involve some pretty detailed and fact specific areas of law.  Depending on certain facts, that might be a Tennessee case and it might be in Michigan case. Once an attorney is able to determine the proper place to file a case, it sounds like you may have a contested custody action. Those are difficult cases, but where the best interest of children is at stake you have to do what you have to do.... Read More

 In Tennessee you have sole custody so you need to go to the police and file a report of kidnapping and or custodial interference. At the same time, you need to go to juvenile court and file a petition to establish parentage and for custody. They are usually fairly helpful in juvenile court, but you will probably find you need an attorney. No matter what, you’re going to have to locate the father if the police won’t or can’t. For the custody side of it, he has to be served. ... Read More

 To answer this question, an Attorney would need to see the order(s) that gave the aunt custody in the first place. A fit parent should be able to regain custody from a third-party, but if the child has been there that long, it’s going to be a process. As far as signing your rights away, a person cannot sign their rights away unless there is an adoption happening at the same time. In other words, your aunt would have to file to terminate your rights and adopt at which point you could agree to sign your rights away and agree to the adoption. If she does not do that, you are stuck with the obligation of child support whether you have visitation or not. After looking at all the documents an attorney with experience in that area could definitely give you additional, more specific advice.... Read More

 Under the circumstances you describe, unfortunately I don’t think you have legal custody. I do think it would not be difficult to get you either a valid power of attorney from both parents, which would be OK, or actual guardianship/custody which would be better. It is possible you could get with the two parents and get powers of attorney done without a lawyer; I think to get a real guardianship or custody order would probably require a lawyer. If everyone is in agreement, the cost may not be too terrible.... Read More

Andrew, mediation is a good option, but it is better to have child custody arrangements registered and agreed to in court litigation matters. If you don't want to attend court, than you should retain a lawyer to go over your options before making a final decesion in mediation. A lot of clients we get come to us after making terrible decesions in mediation because either they were not accompanied or advised by an attorney or the mediator was on the other parent side. Try to discuss your options and mediation agreement with a family law specialist, like myself. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Hey Savanah, you will need an attorney to see substantial progress in your case. You have to file for contempt of court and try to regain custody that way. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

What did you guys do to lose the custody of your kids? Please contact a lawyer directly to go over your case details and options. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

If you are employed and are a good fit to care for the child than you should pursue custody for your niece. Please contact my office to go over the details of the case and available options. A free attorney can be provided to you by the court if you are eligible under financial hardship. Looking forward to speaking with you. ... Read More

Many factors go into a child custody decision, not just the fact that you are the mother and the father had a previous DUI.  The Court will consider any agreement between the parties; the child's wishes if age appropriate; the rights of the parents; any special needs of the children; the moral, phsycial, and financial capacity of the parties to meet the needs of the child; surroundings; sex of the child and the custodian; nature of religious training for child; likelihood of removal from the court's jurisdiction; and the separation of children.  Additionally, T.C.A. 36-6-106 directs the court to consider all relavant factors including the following: (1) the love, affection, and emotional ties existing between the parents and child; (2) the disposition of the parents to provide the child with food, clothing, medical care, education, and other necessary care and the degree to which a parent has been the primary caregiver; (3) the importance of continuity int he child's life and the length of time the child has lived in a stable, satisfactory environment; (4) the stability of the family unit of the parents; (5) the mental and physical health of the parents; (6) the home, school, and community record of the child; (7) the reasonable preference of the child, if the child is 12 years of age or older; (8) evidence of physcial or emotional abuse of the child, of the other parent, or of any other persons; (9) the character and behavior of any other person who resides in or frequents the hom of  a parent and such person's interactions with the child, and (10) willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent.  When it is likely, as in your case, that one parent plans to move frm the state, the court may properly consider that fact as affectng the bes interest of the child in determining custody, in granting conditional custody, or in establishing a protective order restricting the right of the custodial parent from removing the child from the state.  How involved has the father been during the life of the child?  Is the father also from the same country and/or have family in the other country?  All cases have unique facts and it would be worth your time before you file to consult with an attorney on this issue.  Good luck to you.... Read More

Whether or not you are able to gain primary custody depends on a variety of factors, such as whether there is already a court order determining custody. If there is no court order, then you are presumed to share joint custody of your child. If the mother will not allow you to spend time with your child then you can seek a court order and the court will issue a custody order based on the best interests of the child. Some factors that the court will consider when determining the best interests of the child are provided under Nevada Revised Statute NRS 125.480.... Read More