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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=440137835
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: my wife took our child outside the country and refuses to bring my son home
My wife and child and I reside in Tn. My wife and I have been in the states for about 15 years, but are originally from Canada. About four months ago, my wife decided to take our child on vacation to Canada to visit her parents for two weeks. What I didn't know at the time was, she quit her 15 hour a week job before leaving, and had no intention of returning in two weeks. We are not legally separated. I have spent the last couple months begging her to bring our child home. She refuses to return, knowing that she can cause me extreme grief by keeping our child from me. I am a good father and a good man. I work 60 hour weeks to provide for my family. I have continued to put money in her bank account each week so they are taken care of while in Canada. My question is: Can she legally just keep my child in another country and away from me for no reason? Our child is just a toddler. I call there everyday to speak with him. He keeps asking when he's coming home. I had no idea my wife was going to do this. I realize she can only stay in Canada for a 6 month period, but she says she doesn't have to return to TN and can keep me from seeing our child for as long as she likes because we are married. It feels as if she kidnapped him from me.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=637767980
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: my wife took our child outside the country and refuses to bring my son home
You are in a tricky situation, because you are not divorced from your wife and do not have custody hearings in an ongoing marriage. To begin, I would recommend that you stop making payments to your wife's account, until she cooperates with you. It would be difficult for a Tennessee court to gain jurisdiction of her while she is in Canada, even though your home remains in Tennessee. Perhaps if you file for divorce from her, she will come back to Tennessee to defend the lawsuit -- although that is unlikely. It sounds like she is willing to let you have all of the marital assets and keep everything you own in Tennessee, because she now has a new life back in Canada. If this were me, I would (1) file for divorce and try to stack the complaint in such a way that would provoke her to return to Tennessee to defend. Then (2) with your divorce decree, have a Tennessee judge enter an order about custody. Canada may respect a foreign court's judgment concerning custody, but I have not studied this issue before. Some countries do, and other countries don't.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=597886451
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Grandchild in supposed temporary custody
While on vacation in July, my grandson was put into custody (DCS)because my daughter is on drugs. They for some reason thought I had open heart surgery which I didn't. I want to file for temporary custody of him but my daughter has evidentally made false statements and accusations against me. DCS will not tell me why but refuse to do a home study on me because of these allogations. What steps can I take to prove my innocense of any such. Also I have had custody of my 12 yr. old grandaughter by the same mother. Recently the mother took my grandaughter home with her because the grandaughter and I had a dispute and correction problem. The DCS worker said the child is not to go with the mother but she took her anyway. I went to DCS and discussed this with the caseworker and nothing has been done about it. My daughter has not complied with the court concerning the grandson and so why is the 12 yr.old allowed to continue to stay with her. Here is the real kicker, my daughter has for the past 3-4 yrs. has been living with my ex-husband which is morally wrong for either of the children to be subjected to. I think what my question would be is how do you have the DCS investigated because they are the one not doing the job. Please help.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=626957282
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: Grandchild in supposed temporary custody
You are describing circumstances similar to, although without the family incest allegation, a situation I encountered with caseworkers for the Dept. of Human Services. You can read my law newspaper article on that case at http://michaelguth.com/dhs.htm
You have a fairly simple option at this point. You can petition either for visitation or for custody of one or both of your grandchildren. I have no idea if you would be found to be a fit parent or not. The court will order a home study be performed as soon as it appears your petition will not be dismissed as meritless. I can prepare the petition for you for $60.
You are welcome to try to craft one on your own as well. I have a sample grandparent visitation petition shown on my website at http://michaelguth.com/grandparentvisitation.htm
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=752930877
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Tennessee laws regarding divorce and remarrying
Is there still a mandatory 30-day wait in Tennessee after your divorce is final before you can remarry someone else?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=665148139
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: Tennessee laws regarding divorce and remarrying
I am not aware of any law that requires a 30-day waiting period, although the office that issues marriage licenses (your county clerk) could answer that question. Apart from any law, you need to exercise some common sense here. You have just come out of a divorce. What is the hurry to get married again? Are you not aware that 50% of marriages end in divorce? Even though you think you are doing the right thing now, I recommend you take a little time to get over your divorce so that you do not make the mistake of "marrying on the rebound."
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=735542402
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: adultery
I found my wife of just under 1 year cheating on my 8 weeks ago. we talked about it and we worked things out. 1 1/2 weeks later i caught her again. I have several appology letters from her on his issue and have many friends and witnesses. I have now been living with friends for 8 weeks and have now learned that she wants a divorce and her new lover is living in the house that I bought and sleeping with her in my bed. Is there any law against adultery and if so can I prosecute the two of them. I can not afford an attorney but feel i should get everything that we have purchased together. She only had a job the last 1 1/2 months of us being together. What can I do?
Thanks so much for your time.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=744637324
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: adultery
Adultery is a civil wrong committed by a married person. The way you would handle this is to sue her for divorce and use adultery as the grounds for the divorce. It is outrageous that she is living in your home with her new lover. The two of them should move out, and you should get back your house if life were fair. But life is not always fair. In any event, I help pro se people who cannot afford to pay for an attorney to represent them. I charge for preparing court documents, which you can file yourself as a party representing himself (pro se). If you can share some more facts with me privately via e-mail, then I could draw up a complaint for divorce + summons for you to serve on your wife. The cost would be $80.
That would get the ball rolling in terms of evicting them from the house and getting back your fair share of the marital property.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=761906750
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Custody by the non custodial parent
My husband's son, who lives in North Carolina is about to move with us to TN for at least a year. My husband is already working on getting a lawyer in North Carolina but he needs to find out the requirements for the State of TN. To obtain custody does my husband have to have a Court Order of Custody or is a written agreement between the two parties notorized before an Attorney enough? My husband & his ex are really trying to get this done quick because she is having behavioral problems with ther son but we want to make sure everything is done legal & all requirements are met for the state of TN.
Any help will be appreciated.
Thank you,
Mrs. Goodman
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=767210268
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: Custody by the non custodial parent
Your best solution to this problem is to sign an Agreed Order to the court and get the judge to approve it. That will give your husband custody by order of a court. Without that order, your local school system will create problems when he tries to register his son for school.
I can prepare the agreed order for you for $60 if you supply me with the court's name and other information by private e-mail.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=743836577
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Category: Federal Tort Claims Act Litigation
Location: TX
Subject: Teen Girl abused by state of Texas employees
13yr old girl removed from her home due to neglectful supervision allegation.She was placed in a group home ran by state of Texas employees. While she was in their custody she was raped by a gang of older boys.The boys have since been arrested,and my daughter was returned home.Can she and I sue the state of texas for malicious prosecution?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=754412617
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Category: Federal Tort Claims Act Litigation
Location: TX
Subject: Re: Teen Girl abused by state of Texas employees
You are describing outrageous neglect by the state. I can't understand how girls and boys were mixed in a group home for juveniles. Yes, you definitely have a cause of action against the state, but not for malicious prosecution. The cause of action is for personal injury in the form of your daughter's bodily injuries and pain and suffering, as well as your own in learning the state allowed this to happen to your child. If this is part of a broader pattern, then you could bring a U.S. Civil Rights Act claim against Texas under 42 U.S.C. § 1983. But one isolated case of a child being molested or raped would not give you standing for the civil rights suit in federal court. The statute says one episode is enough, but judge-made law says there has to a pattern. You will find that Texas has sovereign immunity and cannot be sued without its consent in state courts. Instead, you will have to file a claim with the state claims commission that handles suits for monetary damages against the state. Please contact a series of personal injury lawyers in Texas and offer them no more than 1/3 of any damages as part of a contingent fee. They should be willing to take on this case for a 1/3 contingent fee, because your daughter's harm has been proven and easy to establish in court or before a claims commission.
Michael Guth
mike @ michaelguth.com
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=539746203 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Married woman kisses other womanMy friend has been married to an emotionally and physically abusive man 7 years has 1 child by him and 2 by ex. kids all live w/her. she kissed me on several occassions w/out kids around.husband had PI follow and video.told her she will loose kids if he takes it to court. Is that true? What should she do? she is scared for her life. please help.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=931532244 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Married woman kisses other womanYou did not mention the age of the children in your question. A Tennessee statute on custody says that the judge has to take into consideration the express desire of the child or children as to with which parent the children want to live. The older the children, the more weight the judge must assign to their preferences. Usually, a 14 year old can decide with which parent she wants to live.
The advice posted here by the prior attorney correctly notes that a judge is supposed to look at what is best for the children -- not award custody based on fault in the divorce.
Your girlfriend needs some documentation and evidence of the abuse, otherwise it will just be her word against her ex-husband's.
Mike Guth http://michaelguth.com/prose.htm _____________________________________________________________________________________ _____________________________________________________________________________________ October is Domestic Violence Awareness month. It is also the beginning of the Combined Federal Campaign (CFC) for 2005 wherein federal employees and military personnel are solicited by qualified charities for contributions.These events gave us a chance to meet with a broad range of military and civilian support personnel. We spoke with men and women from virtually all ranks, from Private First Class to a 4-star General.
The Equal Justice Foundation (EJF) joined the Combined Federal Campaign throughout Colorado for the first time this year. For the past two weeks we have been going to some of the local military bases, Fort Carson, the US Air Force Academy, and Peterson Air Force Base as part of the Pike's Peak region CFC kickoff events together with anywhere from 50 to 150 other charitable organizations at each event.
As the EJF is one of the very few organizations providing help and support for abused men, our banner advertising Domestic Violence Against Men drew considerable attention. We heard from many men, and quite a few women about the problems the military is having with domestic violence and abuse charges in El Paso County, Colorado, where all these bases are located in one of the largest concentrations of military forces in the United States.
Demographic data make it quite clear that at least two-thirds of the restraining orders and domestic violence charges in El Paso County are an abuse of process. State court data show that El Paso County has 3 1/2 times the number of domestic violence cases as comparable jurisdictions in Colorado.
The impact of these false allegations, and the accompanying persecution by the local district attorney with her Fast Track program, were all too painfully well known to the military and civilian personnel we spoke with.
A few examples of the horror stories we heard:
An Air Force Master Sergeant had been stabbed by his raging, alcoholic wife. When he called the local police they came and arrested him. Although an Air Force investigation found that he was the victim, the local DA persecuted him for over six months. The civilian charges against him were only dropped when his wife died as a result of her alcoholism. We were extremely pleased when he told us that he'd found our DV against men web site a couple of months after being stabbed and how much it had helped him.
An Army Sergeant First Class spoke to us about the violence of his ex-wife and the hell he went through before he could finally escape, and how no one would believe him, nor were there any support groups like the EJF for him at the time.
An Army Sergeant, wearing a Combat Infantry Badge with a unit that got back from Iraq last spring and is being deployed again in March 2005, found his wife was having an affair. When she came back after being gone for 2 1/2 days he was naturally angry and they were apparently arguing in her car. Instead of letting her simply drive off he pulled on the emergency brake. Eventually she left to return to her lover. Eight hours later she called the police. The local DA has now charged him with menacing, false imprisonment, and child abuse (their child was present during the argument). As we see all too often, his incompetent attorney is recommending he take a plea bargain. Of course that would end the sergeant's military service and destroy his life and child but the attorney would rake in an easy $1,500 bucks and the DA would have another win. Only the sergeant and the nation would lose while the local DA prosecutes and persecutes one more man for his wife's adultery. Roughly 50% of the hundreds of married men thr>
e EJF has heard from are charged with DV after they find their wife was having an affair. Though it must occur, we have not yet heard of a case where the husband became violent. The worst we hear of is the husband threatens the wife's lover, e.g., see the Emerson case, which is considered to be menacing for which the husband is to be punished.
Another Air Force Master Sergeant told us of being falsely accused of domestic violence and having gone through three attorneys who all tried to sell him down the river with a plea bargain. Only when he found a fourth attorney, one the EJF recommends (Ted McClintock of the Liberty Law Center) was he able to get the false charges against him dismissed and save his career.
An Army medic, a Staff Sergeant, spoke at length to us about the emotional abuse he suffered from his ex-wife, and the tantrums she'd throw. He was quite obviously still haunted by the experience.
A civilian from the Pentagon visiting Peterson AFB told us how he wished he'd known about us last spring when he went through one of these nightmares.
Virtually all the command officers and NCO's we spoke with had one or more troops under their command in trouble with restraining orders or DV charges. Typically the troops in trouble are NCO's or junior officers, lieutenant through captain: the warfighters.
To date the Equal Justice Foundation has directly helped military and civilian support personnel in eleven states at seventeen separate commands, as well as numerous veterans. However, this was our first chance to meet so many of these people personally. Obviously we are extremely pleased that our work is so well received and meets real needs of our military.
Conversely, while we were abstractly aware that the persecution of our military men and women by local law enforcement was occurring, we were appalled to be confronted directly with so many cases of patently false accusations of domestic violence against military men among CFC key workers and others who attended these kickoff events. These men and women were but a tiny fraction of the local military commands.
El Paso County and the 4th Judicial District will get a new district attorney in January. He has promised change and it is certainly to be hoped that the blatant persecution of military personnel promulgated under his predecessor will cease. The present administration has made a practice of punishing the innocent and freeing the guilty. There are real problems of domestic violence and abuse in our community but overwhelming the system with false allegations, marital quarrels, covering up adultery, and lover's spats does not fix the problem.
Charles E. Corry, Ph.D., F.G.S.A.
_____________________________________________________________________________________________
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=117908313 =========== Category: Computer & Technology Law Location: TN Subject: Rights regarding a website with personal informationMy wife gave a child up for adoption some years ago, and does not wish any contact. However, the child, who is still a minor, has somehow gotten my wife's information and put up a website dedicated to finding her. Is there any legal recourse for us to force this website to shut down? The child is violation of TN law as we have filed as veto of contact form with the state wich makes any contact illegal. We have no way to contact the child or her parents as all the adoption records are sealed until she's 21.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=244064415 =========== Category: Computer & Technology Law Location: TN Subject: Re: Rights regarding a website with personal informationHow do you know the child given away for adoption has put up a web site searching for your wife? Does the web site mention your wife's name?
In addition to being an attorney at law, I have submitted an application to the state to form a nonprofit adoption agency in Oak Ridge. Thus, I can see both sides of the issue regarding contact. I know you and your wife do not want to have contact with this child, but I seriously recommend that you contact her -- not to arrange a meeting in person, but just to put her anxiety and stress at ease.
I can tell you how to object to the web site hosting company, but that is going to create more hurt in what is already a painful and delicate situation.
You and your wife have all the answers. This adopted girl has a number of questions. It seems like you could type her a letter and answer some of her questions -- just the one time. I would be happy to mediate the communication at no charge to you if you pursue that option.
Your contact veto is binding on the state and its licensed adoption agencies. However, Freedom of Speech gives people the right to post material to the Internet without government intervention (except in very few cases involving crimes).
Dr. Michael A. S. Guth http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=974068100 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Where do I go next, when there is no record we where in court?When in court I had a seizure. Was taken by ambulance to the emergency room. I spent two hours there. During this time, my joint custody was taken from me on the grounds I was hospitalized. Child support was stopped, even though the child remained with me. It took five months to get back in court. At that time I was told the joint custody would be reenstated. The child support department asked for a copy of the court order. It has been almost two months and still there is no record we where ever in court. Now the child support office has dropped my case. I have contacted the clerk of court several times. Also contacted the gentleman who works with the judge. All agree we had court, but no one has anything in writting. I was told a few weeks back if I signed some kind of paper it would get straightend out. I signed it and still there is no evidence I have custody. If my susspecions are correct going to my representatives will not work. They have changed the judge once already, due to a judicial review. If what I understand of the legal system is correct, then this is an abuse of mine and my sons legal rights. We must be in court again in a couple of months. But we have nothing in writting. Where do I go next?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=123998973 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Where do I go next, when there is no record we where in court?I tried to reply to this message yesterday, but some other attorney had already rejected your message. That was unfair, because other attorneys wanted to respond to you, but we were unable once the message was removed.
When you appeared in court after 5 months, were you accompanied by attorney or did you represent yourself? If a judge told you that joint custody would be reinstated, then you should have submitted an Order for the court to sign within a few days to put down in writing what he told you orally. If you appeared without counsel, then the court would normally be expected to prepare and sign its own order.
Failing to submit and file an order is a very serious matter for a judge. A judge can be disciplined for this kind of refusal. So it is important that you really know what you are talking about and are not confused about the facts.
At this point, you can prepare an Agreed Order where you put down in writing what the judge ordered about joint custody and call the opposing counsel to determine if that counsel will sign the order.
If not, then you can file a petition in court to establish joint custody and call the judge's secretary to get a hearing date. Then you would file both a notice of motion and motion at the same time. I sense this may be getting over your head.
Judges are disciplined by a body known as the Council of the Judiciary. If you call the Administrative Office of the courts at (800) 448-7970, they can tell you how to file a complaint with the court of the judiciary.
I suspect you will need assistance in preparing an agreed order or a notice of Motion pertaining to joint custody. If you can afford to pay for assistance, please check my website: http://michaelguth.com/prose.htm
Michael A. S. Guth =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=949402964 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Child custody when mother is ill and father unstableI have a niece who is 15 and is starting to skip school and begin a wrong path.I want to get temporary custody of her in order to help her find herself get through schooling until 18 or until her mom (my sister) recovers from her severe deppression mode.The mother is Okay with this.My intentions is to bring her into my family that i have (2kids & husband) to show her that she is loved and has family that cares about her outcome.The father is involved only when he sees fit and now he wants to step in and say he will sue my sister if she allows this.He is not on the birth certificate and the child recieves no insurance from him. He does give her money for school lunch from time to time but I truly don't think he is stable to give her what she needs. Personally, i think he just wants rights to her part of my sisters Soc.Security check now that he knows she recieves disability.I already help handle her money matters for her like paying bills along with our mother who is 74.I just want what is best for this little girl who is going through a trying time.The girl lived with her father for a few months and said he'd file custody for her when her mom was hospitalized for her mental illness.Due i have a chance without making things worse.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=130421402 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Child custody when mother is ill and father unstableYou are dealing with a father who has an on again, off again relationship with his daughter. In TN, there is a presumption in the law that the biological parents are the best choice to raise a child. In order for you to have legal custody instead of the biological father, you would need some evidence that the father was unfit. The crucial fact here is the neice is age 15. That means she will definitely be able to testify as to where she wants to live, and that will weigh heavily on the judge. If you can persuade her to say that she wants to try living with you, then your petition will probably succeed. If not, then you probably won't be able to overcome the father's objections.
Mike Guth http://michaelguth.com/prose.htm http://michaelguth.com/visitation.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=294539373 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: visitation rules w/a sick child involvedCan i withold visitation from my ex-wife, since she has no telephone in her home, considering that our 5yr old is a cancer patient undergoing chemotherapy?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=323559802 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: visitation rules w/a sick child involvedParties withhold visitation from ex-spouses all the time. But I tend to represent those whose visitation rights have been arbitrarily and unilaterally denied. If you stop the visitation on your own, you could be charged with sanctions -- if your ex-wife hires a hot shot attorney. The better move would be to file a petition in court to modify visitation due to your wife's lack of a phone. Are you positive she does not have a cell phone or a next door neighbor she could use to make a call? If so, then you really have no justification to deny visitation and it sounds more like spite.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=247059950 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: KY Subject: Paying child support to mother when she only has 1 child and you have the other.Is the father responsible for paying child support to mother for 2 children when she only has 1 and he has 1? He is responsible for all medical bills and clothing for the child he has plus he still has to keep sending her child support for 2 children that she doesn't even have. A attorney told us that he needed to keep paying it because she won't work and it looks good on him and if it goes back to court the judge will raise it. We have tried to get something done with it and Tenneessee has said that it is Kentucky case since the mother and 1 child still lives there and Kentucky says it is Tenneessee case since the father and the child has been in Tn for 19 months. So who really knows who's case it is? I think the are just pulling our chain.Please help This is tough on everyone involved especially the child due to the mother not having alot to do with the child since she gave him to his father. She has got the chils on her weekends 8 times in 19 months. No christmas and birhtday gifts no phone calls no nothing.Father has now got a large dentist bill that the legal gaurdanship papers say that mother does not have to help with that father is totally responsible for. We need answers from someone that knows the law.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=325500263 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: KY Subject: Re: Paying child support to mother when she only has 1 child and you have the other.You did not write your question in a way that a lawyer can answer it. 1. Did the court issuing child support reside in KY? If so, you will have to fight the case in KY.
2. Are the two children both related to the father and mother, or did the father have a second child from another marriage?
3. If the two children have the same biological parents, then there is no excuse for a court awarding child support payments due from the father if he has one child and the mother has the other. In essence, their two child support obligations would cancel each other -- if this were a TN case.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=343934079 =========== Category: Civil Rights Law Location: TN Subject: how does a teenager go about getting emancepated how does a sixteen year old go about getting emancapated =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=448896168 =========== Category: Civil Rights Law Location: TN Subject: Re: how does a teenager go about getting emancepated A 16 year old would have to prove to a court that she has a source of income and can support herself without assistance from her parents. That is the first step in getting emancipated -- a pretty steep barrier given that a 16 year old is required to be in school full-time. http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=880165995 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Children's mother has little to no contactI took full custody of my children in July 2000 due my ex's lack of proper parenting, (drugs, living conditions, etc.) She received every other weekend visitation. In the very beginning, she saw them occaisionally. By her own choice, she has not seen them at all since July 2001. She calls a few times a year. In 2004, has been 6/11, 9/15, 10/26. She hasn't actually talked to them on any of these occaisions, because I think dropping in and out of a childs life hurts them more than no contact at all. Last night, on 10/26, I spoke to her and told her why she couldn't talk. She said that she is going to court. Based on past threats, that remains to be seen. She has not bought one Christmas or Birthday present since before 2000. She lives only 15 minutes away, but makes no efforts to see them. I never asked for child support because I don't want her money. My wife and I have been the sole providers for them since 2000. I want to terminate her rights due to abandonment. At this point, my 8 year old daughter doesn't even know what she looks like. Neither her or my 12 year old son EVER mention her. I don't want some rediculous preference toward mothers to have a negative effect of my case. Please let me know what I can do. Thanks
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=919158860 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Children's mother has little to no contactYou can file a petition to terminate her parental rights, but it probably won't be approved unless there is a reason for doing so, i.e., your wife wishes to adopt the children.
The definition of "abandonment" is spelled out in the Tennessee statute authorizing the Dept. of Children's Services. It requires no contact from the parent and no support for a period of 6 months. I suspect the phone calls might constitute contact to prevent the statute from being applied.
If I were you, I would prepare the petition to terminate parental rights (I can do this for you for $60. Go to http://michaelguth.com/prose.htm ), and then tell the judge every 5 minutes during your oral argument "It is in the children's best interest, and this court is required by Tennessee statute to base its decisions on what is in the best interest of the children."
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=659942447 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Low-income Father seeks visitation, pays support.I am trying to help a father who lives in Hardeman County, (Hornsby, TN.) He cannot afford to hire a lawyer. Is there any resource for a father to establish his parental rights, the court ordered him to pay support, but they never established a parenting plan as the parents were never legally married. Until now, children have had unlimited contact with father, now mother is using children to hurt him. Also, his mother would like to have grandparents rights.The courts told me he ''must'' have a lawyer to get on the court docket. Is this correct? Please help. They are heartbroken at loss of visitation with the children.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=677055912 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Low-income Father seeks visitation, pays support.No, he does not need a lawyer to get on the court's docket. He does have to stand up for his rights, or the court will run roughshod over them. He will need to file a petition for visitation. I have done these for fathers and grandparents.
See http://michaelguth.com/visitation.htm http://michaelguth.com/grandparentvisitation.htmIt would cost about $60 for me to prepare such a petition for your friend. I would need to have e-mail contact with him or you to get the facts for the petition. Otherwise, you can take the two examples I have prepared and try to reword them yourself to save on the lawyer fee.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=325539465 =========== Category: General Civil Litigation Location: TN Subject: Malicious False Child Protective Services AllegationsI recently ended a friendship between my 8 year old son and a neighbor's child after experiencing many personal disagreements and values differences with the child's mother. Just days after our relationship was severed, Child Protective Services appeared at my home with a list of severe allegations pertaining to my home environment and the care of my child. Within minutes of talking to my husband and I and looking at our home, the investigator said it was clear that the report was a retaliatory claim to cause my family undue harm and headache and he asked us if we knew who would purposely do this (since he could not tell us who made the report). We are certain of the accuser based on info provided to us. When we stated our neighbor's name, the investigator said that name was very familiar and had been potentially involved in other false allegations/investigations against other people. The law protects people who make claims that they believe are truthful. But what measures can be taken against someone who makes false, slanderous accusations to the authorities in a direct effort to cause harm to someone (in this case, a retaliatory accusation to CPS immediately after a friendship was ended)? If CPS doesn't pursue action, can I?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=346691056 =========== Category: General Civil Litigation Location: TN Subject: Re: Malicious False Child Protective Services AllegationsThis is a topic near and dear to my heart. In fact, I have written a lengthy article on this topic for a law newspaper, which you can read by going to http://michaelguth.com/dhs.htm
Unless you prosecute this person for false and malicious allegations, the person will go right on abusing the system. CPS is required by law to investigate every complaint -- even those that sound frivolous. CPS is also protected by law from refusing to disclose the name of the person who filed the complaint.
So if you prosecute this person, and she refuses to admit she filed the complaint, then you have no proof and no cause of action -- just your suspicions that she is the one who did this.
You could try to make a circumstantial case that she is the only person who could have come up with that kind of slanderous information, but a judge will likely say any person, in theory, could slander another. So nothing is proved.
I don't think anything would be accomplished to fight fire with fire: phone in a complaint to CPS about the way this woman is raising her child.
If you can't win in a court of law, you might try the court of public opinion. But you risk being charged with slandering her if you say anything false about her.
I am upset always when I read about bogus and harmful false allegations to either CPS or adult protective services.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=288921097 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: GA Subject: Can x get arrest warrant for late child support without taking me to court? I live in TN. X lives in GA. Child support is garnished from my wages but my employer has been late sending it. Ex states she has taken a warrent for arrest out on me and that she is also filing a civil suit against me. Can she get arrest warrant without taking it to court first and is there a way I can find out if in fact I do have a warrent or pending warrent for arrest on me? Also can her parents file a civil suit for money they have given her? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=327623626 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: GA Subject: Re: Can x get arrest warrant for late child support without taking me to court?In principle, a child support enforcement office can seek a court order to hold a person in civil contempt for failing to pay child support. If the person does not show up for the hearing or if the person is found guilty of contempt, then he or she can be jailed/arrested.
HOWEVER, you have federal due process rights to notice of the hearing and an opportunity to present your side of the facts. Under circumstances where the child support is garnished from your wages, the actual payment delay is beyond your control, and it would be unconstitutional for a court to try to sanction you.
But unfortunately, I have witnessed any number of horrific injustices in the child support enforcement arena. I invite you to read my 60-page brief on this subject shown at http://michaelguth.com/briefii.htm
You should contact the sheriff's office in the county where you live and ask to speak to the unit that handles civil process warrants. You can ask that office if there are any outstanding warrants against you -- although my guess is that your ex is just full of hot air. She can't do anything on her own. She would have to persuade a judge to sign an order, and again you have a constitutional right to present your side of the case at any hearing.
I don't usually do this, but I have a special venim for custodial parents who abuse the child support process. Have you considered fighting fire with fire?
You could seek expanded visitation rights with your child or even seek to remove custody from your wife if you have any grounds to believe she is an unfit mother. Also, the child support enforcement offices across the country routinely use too high a net income figure in calculating monthly child support obligations. You could ask a court to lower your monthly obligation if the amount is excessive and based on pre-tax income rather than post-tax income.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=655705958 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: IA Subject: child custody helpMy son just moved here to TN and brought his 16month old son with his ex-girl friend's permission for a short time...3 weeks. The boy's mother is not very good at providing or caring for the baby and associates with known Felons as both her parents have been in jail. Her father is living with her now and her mother gets out of jail next week. My son wants to keep his child away from the situation as much as possible as the childs mother likes to run around and party more than look after her children. He is on the birth certificate and has an avidivit of paternity but they were never married. He has estabilished residency here and has found a full time job. We want to get full custody but she is not happy about it as it will be less she gets from Iowa in welfare. I may be reading that into it but she also has another child by someone else...less than a year after my son's child was born. The father of that child has multipe domestic violence charges against him. The mother say's she is going to file in Iowa for custody and that we will have to take him back there for court. Any suggestions as to what we should do ??
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=307633002 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: IA Subject: Re: child custody helpI don't have time to give you a full response. So I will have to jot these notes down quickly. If the child resided in Iowa and came for a visit to TN, then ordinarily Iowa retains jurisdiction over his person and subject matter. However, Colorado is routinely seizing children of out-of-state visitors to CO. See my article http://michaelguth.com/seizure.htm If CO can get away with that, then TN can as well.
You may be in a "race to the courthouse" situation, where either TN or Iowa will defer to the other state if a lawsuit was filed there first.
Arguably, the child's physical presence in Tennessee may be enough to confer personal jurisdiction. It would be even stronger if the child was enrolled in school here -- but a 16 month old is not school-age. My advice is to get a custody suit filed as soon as possible in Tennessee, and let the opposing side decide how hard it is going to try to fight that case in TN. Of course, you should anticipate the mother will file suit in Iowa alleging kidnapping and failure to return her child. Is mediation out of the question? Even if you believe mediation is out of the question, the court might order you to pay for a mediator.
If you have actual proof that the mother has left her children alone, and consorts with felons, then you can file a complaint against her with the Iowa children's protective service. The state should have a toll free number for that. If the state determines she should not have custody of her children, then that would blow her Iowa lawsuit out of the water.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=229507815 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Can you give me information about emancipation in Tennessee?I need to know what the law is (in tennessee) because my father is abusive. and i have a mother. and i also would like to know how i can get her to have custody over me.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=505614252 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Can you give me information about emancipation in Tennessee? How old are you? Where do you live now? Where does your mother live? =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=402500922 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Refusal to support child's activitiesMy former husband and I share an 11-year-old daughter. He recently became upset with me and is refusing to allow our daughter to attend any activites she is involved in if they encroach upon or occur during his visitation time. This, thus far, includes basketball practice and games, church activities and birthday parties. Our daughter is very upset and feels as if she should just quit all her activities because she cannot fully participate. I am the primary caregiver, he has visitation rights. What does the law state about this situation?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=507905291 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Refusal to support child's activitiesThe law requires you to petition the court if there is a material change in circumstances to warrant a change in visitation. You cannot just sit on your rights, or the court will assume you and your daughter are happy. If you daughter testifies at a hearing that she wants the visitation changed so she can participate in activities after school, that will likely sway the judge.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=384429638 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Removing my name from a bank note.After 20 years of marriage I was divorced in July. My husband signed the house and property to me. It is now in my nam,e only. He assumed the payments per the divorce agreement. My name is still on the bank note for this home, which in essence ties up my property if I wanted to sell it or borrow money against it. Can I have my name removed from this bank note? I spoke with the banker and he was very rude and just said he wasn't taking my name off the note. What are my options?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=510267182 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Removing my name from a bank note.If you wanted your name removed from the bank note, you should have argued for that at arm's length during the property dissolution phase of your divorce. Someone's name needs to go on the bank note. I don't see any reason why your husband would agree to put his name solely on the bank note in return for nothing. You sound like you got a very fair deal from your divorce if you get to keep the house but your husband has to make payments on it.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=576405405 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Changing child custody with out of state parentGot divorced and custody of my 2 sons 14, 10 in Louisiana moved to Tn 4 years ago.14 yo wants to move back to La with his mothernow.Can I sign temporary custody over to her from Tn or will I have to return to La? 10 yo wants to stay with me. Can I have papers drawn up as neither 1 pays child support? Thanks
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=667023335 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Changing child custody with out of state parentDivorced parents always look on the optimistic side relative to custody matters. If you sign temporary custody over to your ex-wife, you can bet that she is going to keep your son when the "temporary" period is over. If you let her have temporary custody, you need to be mentally prepared that the child will testify in court that he wants to stay with her permanently, and that you will lose custody of him. That may not be a horrible outcome if he is actually happier with her. Courts are always obligated to look for the best interests of the child. You will want to mail an Agreed Order to the court that gave you custody of your son and have the court sign the Agree Order stating that your ex-wife can have temporary custody. But when the order expires, don't be surprised if your ex-wife refuses to return your son. You can also specify in the Agreed Order that neither you nor your ex-wife will pay or owe child support to the other.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=638278747 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: LA Subject: Can I transfer from 1 state to anthorI moved from La to Tn ..How long do you have to live in a state before you can move child support order..and custody orders...
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=704222676 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: LA Subject: Re: Can I transfer from 1 state to anthorYour question does not make sense. If you are owed child support, then the ex-spouse will continue to pay that to the child support office that enforces it, and you will be sent a check by them to whatever address you provide them. You do not register a custody order in another state. Instead, you generally must have the permission of the court that gave you custody in order to take a child out of that court's jurisdiction and move to another state. visitation with the ex-spouse would be affected if you move out of state. That is why you need the court's permission.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=261383521 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: teen father needing informationi am 16 years old and i recently got told by my ex(who is 14 about to be 15) that she is having a baby. i want to be with her and take care of the baby . i really want to be a man and be resposable but she is telling me that she wants to give the baby up for adoption. i told her that i can understand that and that i would support her if she chose that path. i have read alot about mothers choosing to keep the baby later on and i was wondering what would happen legaly if she decided to keep it. like what would i do about custody and child support.i do want to be with my child as much as possible. also would you recomend me getting a DNA test to make sure that i am the father.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=329320065 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: teen father needing informationYou are both minors and most likely not able to take care of a child financially. Giving the child up for adoption is the noble thing to do. If your ex keeps her child, you can petition for visitation time, but probably not custody -- unless she is unable to care for a child. You will also be hit with child support obligations, as soon as you are no longer required to be in school (after your graduate from high school). You should get a paternity if you are obligated to pay child support; in fact, the child support office will insist on it. However, I don't see any point in getting a paternity test if the child is being given up for adoption, unless there is some question in your mind about whether you are the father and you don't want your name on the birth certificate.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=702018292 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: RemarriageIn a case of remarriage when one party has a home that is solely in that persons name is the new spouse and their children entitled to part ownership?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=710140565 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Remarriage I am not sure if you want to give the new spouse part of your house or protect it from claims. If you remarry, that does not automatically confer ownership interests to your new wife and her children. However, if you died without a will, then she could claim the house. You are free to add her name to the title with a quit claim deed, if you desire. If you do not want her to have any ownership interest even in the event you divorce, then you should sign an antenuptual agreement to that effect. Normally, the court will divide marital property in a divorce, but a house owned solely by one party prior to the marriage has a good chance of remaining that person's property in the event of divorce. But you should not take your chances on a marital dissolution order; instead, you can lock in your rights with the antenuptual (also called pre-nuptual) agreement. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=484900056 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Child Support through collegeI have a child support order from Ar. but my son and I live in TN. Judge ruled this is his home state. The support order only goes until he graduates high school. Can I go and have the order changed to until he gets out of college? Since the order was signed in Ar. would I have to go to Ar. and do it or can I do it in TN. The father lives in Ar. My son is 15 and we only started recieving the support in Oct. 2004.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=567747893 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Child Support through collegeIn Tennessee, the child support obligation ordinarily stops once the child becomes a legal adult at age 18. You can petition for an award of child support arreage that is owed to you. If you just started receiving child support in October 2004, was your ex-husband obligated to pay support before that date?
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=931999526 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Age Limitations in Child CustodyIs there a certain age when a child is allowed to decide which parent he/she would choose to live with in a divorce situation in the state of TN? I have been the primary caretaker of my three children and their father is now wanting to have custody of the children for one week out of each month. We tried ''joint custody'' when he moved out two years ago and it was highly detrimental to all persons involved. I don't care to relive that nightmare. My children are 17, 15 and 12.After that fiasco, he moved back in with us for approximately 9 months until I discovered that he was having yet another affair. He has been living elsewhere since mid-July 2004. Neither of my two older children want to live with their dad(they are very vocal about their opinions!)and my youngest is noncommunicative about the whole issue.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=360139162 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Age Limitations in Child CustodyTenn. Code Ann. 36-6-106 requires the court to place weight on the child's preferences for where the child wants to live. The older the child becomes, the more weight the court has to give to the child's preferences. By age 14, the child's preferences should be the primary consideration for the court. I have seen in Anderson County that a 13-year old's preferences expressed in testimony at a custody hearing crucially affected the court's decision on where she would live.
The court's is supposed to make decisions that are in the "best interests of the child." Your 17 and 15 year old are clearly old enough to decide where they want to live, because they could be treated as adults if they committed a serious crime.
Once custody of the 17 and 15 year old is established, you could argue in court that the best interests of the 12 year old are to remain with his or her siblings and thus in your custody.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=648554661 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Who the CS is owed toI was just wondering who CS is supposed to be paid to. I am the CP of my two children, I get CS sporadically from my ex. He is currently $27,000 in arrears. He told me today that he was told by his lawyer that when our children are 13(they are currently 10 and 11) the CS can be sent directly to them, to be spent as they see fit. Can you please tell me if he is right, or if I am in my answer, which was ''as long as our case is in the court system, that money comes to me to support them,if you send it directly to them, and not through the courts your arrears will go up every month, our case will stay in the court system until your arrears is paid off.'' Or can you tell me if we are both wrong. Thanks in advance!
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=667033812 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Who the CS is owed toChild support has to be paid to the custodial parent. The child support enforcement office in your county can answer any additional questions you have on child support.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=459262259 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: mortgage in husband's nameMy husband and I are headed for a divorce after 8 years of marriage and we just bought a house in February of this year. I am a stay at home mom and the mortgage is in my husbands name only, however I am on the deed. I do not want spousal support or child support(seeking joint custody - he is a good father). The only thing I want is the house so I don't have to uproot our son. My husband says I can forget about getting the house. I will be able to buy the home from him in about a year and I was wondering if there is any way I can keep the house since I will still be the primary caregiver to our son. Thanks
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=668554552 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: mortgage in husband's nameOwnership of the house will be decided as part of the marital property dissolution order of the court, if the parties cannot agree beforehand. You have made a convincing argument in your paragraph below that would encourage the judge to give you the house -- but you will likely have to get a job and pay the mortgage.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=773962013 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Not enough $ for a trial, but I have a good case.I have a son in school and I believe I have a good case to win full custody. As of right now I have joint custody with my ex being the primary custodian. We split the time with him by alternating weeks. His school teacher and 2 women that run the before and after school program agree that my son performs and behaves better when he is with me. The two women that run the before and after school program agree my son should be with me and would testify on my behalf along with his pre-K teacher. His school teacher says he does better with me however I'm not sure if she would testify or not. I have also heard that my ex makes offhanded remarks to the teachers that when is is with me the child is of no concern to her. I do not have enough funds to get through a trial since her attorney is free through her dad's law firm. Do I have a shot representing myself? What should I do? Please help?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=50558039 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Not enough $ for a trial, but I have a good case.The court will not disturb a custody decision unless there has been "a material change in circumstances." Therefore, the first issue you will confront is giving the court ample evidence that there has been a material change -- so that it will have jurisdiction to review the matter.
Second, the court will be guided by "what is in the best interests of the child." You should constantly mention in oral arguments that you are attempting a change in the child's best interests, not your best interests.
I have seen pro se parties (without a lawyer) beat loud and highly regarded divorce lawyers at trial, but they usually have an ace in the deck -- the child is willing to testify that he prefers to live with the pro se party.
Your child is so young that his testimony won't carry much weight. In fact, the court probably won't hear his testimony -- but you could ask for it.
If you go to http://michaelguth.com/prose.htm, then you will see that my law practice involves helping people represent themselves.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=81059337 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Emancipating a childHow can I have my child emancipated? I can no longer control him, he does not adhere to any house rules, he threatens me. He is 17, will be 18 in June 05. However, I can no longer control him. Live in TN.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=92824325 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Emancipating a childA 17 year old cannot be emancipated until he has a source of income that will support him. If you turn him over to the state to take custody of him, then the state will end up charging you 21% of your income for child support. Going to juvenile court will be a mistake, because the juvenile court judge will meddle in your life until he turns 19. Can you transfer custody to his father? If not, you should ask your local Dept. of Children Services or a private foster care agency about the wilderness boot camps where they send children who seem ircorrigible. The expense will either break his mean streak or it will make him defiant against anyone in authority. It might be worth a try.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=147742581 =========== Category: Elder Law Location: TN Subject: wrong doingWhat do we do if the power of attorney has completely missed used his authority (my friend had not heard from the P.O.A. in 2 1/2 yrs...(he was (set up) and imprisoned). He had several properties and oil wells...what should we do and how?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=720067248 =========== Category: Elder Law Location: TN Subject: Re: wrong doingIf the power of attorney embezzled funds or assets, then you should find a local attorney who will prosecute him. If he is in prison, it sounds like he does not have any assets though. You may have suffered a loss without any hope of compensation, but a local attorney can tell you.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=579320628 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: guadianshipI moved to Nashville to pursue my music career. I left my daughter with my mother. My mother and Brother want me to give guardianship to them. They say the preschool wants them to because it would give them rights to sign papers from school, and if she gets sick. If I do that will I still be the custodial parent. Am I still able to have my daughter live with me when I get settled? And Am I giving any rights to Hanna. Please any advice given, would be greatly appreciated.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=23597539 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: guadianshipYou are starting down a slippery slope. Your relatives need custody of the child in order to enroll her in the public school system. Once they have custody, you might not get it back. You really need to think long and hard about what you are doing. Guardianships are for adults, but they mean they are your daughter's legal guardian: they have physical and legal custody.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=837382129 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: VisitationI have moved from TN to LA My ex lives in TN I petitioned the court to move he did not reply in the 30 days he had. He has a record of Domestic violence against me and a recent DUI in the divorce he was ordered to have supervised visits w/ our minor child. I have dismissed my attorney. I got a letter saying I would have to represent myself during the Parenting Plan court proceedings He is also 10 thousand dollars behind in child support. Im ready to agree to him visiting his father summers, Christmas and spring break. I will even pay half of the travel expenses. Im a fairly intelligent person and think I have a strong case. My old attorney said I am being ''Stupid and taking a chance on losing custody of my child'' I dont think he has a chance getting custody and I can represent myself. Even if things dont go my way in court, I could still appeal and then get representation. Am I being stupid and taking a chance of losing custody?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=475719163 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: VisitationI do not think you are being stupid. The fact that you would petition the court, rather than unilaterally moving without obtaining permission from the court, demonstrates that you know enough about the law to not make rash actions. If lawyers were free, I would recommend you get another attorney. But you seem intelligent enough to represent yourself. I have seen pro se parties beat the pants off highly feared shouting divorce attorneys in Tennessee. The fact that your husband owes so much in child support gives you a big stick so to speak. The local child support enforcement office where he lives would be happy to put him in jail, if he does not pay down that arrearage. Although most attorneys always advise unrepresented parties to get an attorney, I do not subscribe to that philosophy. You have to consider how much an attorney will cost and whether you can afford to lose that money on an attorney who does not know the facts of your case as well as you do.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=788332876 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: child supportMy sister divorced a man and got joint custody of their child, though she is the primary caregiver. She is afraid to tell her ex-husband that she has remarried, because she is afraid he will stop his child support payments. I have told her that he cannot do that. Am I right? Thank you.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=843422330 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: child supportRemarriage will not stop the child support obligation of the ex-husband. However, if the new husband decides to adopt the child, that could lead to an end of the child support obligation.
Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: How To File For DivorceI just got married last month, but it was a mistake. I want to file for a divorce. I just want to know how complicated it will be? And How long will it take? we havent combine our accounts yet.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=624906529 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: How To File For DivorceIf you go to my website, http://michaelguth.com/prose.htm, then you will see that I draw up the paperwork for an agreed divorce / no fault divorce for about $149.
It is relatively simple to file the documents, make one court appearance, and your divorce should be granted. At least that has been my experience in the past helping parties with agreed divorces.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=79729039 =========== Category: Health Care Law Location: TN Subject: Child support/Visitation for unmarriedParents of 2 yr old are unmarried. Child support was agreed on by both parents (nothing has been through the courts) although father is behind by $1000. Child support dept issued crt appearance (not rqstd by mother). Case was postponed as father was not informed of crt dt. Person of court (not judge) told mother ''if father hasn't been seeing son per mothers wishes, mother must allow it, or judge will deny child support''. Have been avoiding ct b/c mother has control of vistation at this pt. Is this true?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=103334960 =========== Category: Health Care Law Location: TN Subject: Re: Child support/Visitation for unmarried Yes, it is morally and legally wrong to expect a man to pay child support, because he has parental obligations, but then turn around and deny his parental rights to even see his own child. Courts should not award child support if there is visitation interference, but in my practice, I have seen that happen over and over again. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=808467704 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Ex-wife misusing my social security numberMy ex-wife has been misusing my social security number to gain information on my tax returns and any other government information that she receive on me. I have sent her a certified letter demanding that she stop immediately but each year (5 years) she has continued to do so. She has not opened any accounts using my social security number but has misused my ss# in many other ways. I would like to know if there is anything that I can do about stoping her and how do I go about it. She has also used my wife's ss# to get her police records, she is invading our privacy, please help with this issue if you can or lead me in the right direction to receive help.
Thank You =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=816011930 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Ex-wife misusing my social security numberI can draft an invasion of privacy lawsuit for you against your ex-wife. If interested, please go to http://michaelguth.com/prose.htm and contact me through the email button on that web page.
Michael A. S. Guth, Ph.D., J.D. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=804342504 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Adopting a stepchild or changing his last nameI'm the biological mother of a 16 1/2 year old son. His biological father has had no contact with him in over 9 years and when he last visited with him to beat him. DHS and the cops were involved, it wasn't pleasant. The biological father continues paying child support through the court. However, my son has asked to be adopted by his stepfather. My son is extremely hurt by his biological father's actions over the years and wants to sever any remaining ties with him. His biological dad has call blocked our number and my son has been unable to even contact him by phone since the beating. With his age being over 16, is there a cut off when my current husband will no longer be allowed by the courts to adopt him (such as 18???) Or at this point do we attempt to have the courts allow us to change his name over to my married name, since his advanced age as a minor child. Please tell us what legal steps we would need to take, if we have any options at all. My son wants to move on with his life and he wants this behind him.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=167863438 =========== Category: Family Law, Divorce, Child Custody and Adoption Location: TN Subject: Re: Adopting a stepchild or changing his last nameYour son can be adopted by your husband at age 16 or age 18. It will be more work to adopt him at age 16, because the court will have to approve a petition to terminate the biological parent's rights. Once your husband is granted a petition to adopt, your ex-husband's child support obligation will end.
I assisted a 24 year old be adopted by the only parents she has ever known (not her biological parents), and she chose to add their last name to the end of her legal name.
http://michaelguth.com/prose.htm