FAMILY LAW ADVICE PREVIOUSLY POSTED ON LAWGURU.COM
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=226609754
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: child custody
I
am behind on child support just because i am behind can my wife take my
parental rights away from me ? What is the legal age that my kids can choose to
live with parent of there choice?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=267384991
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: child custody
No,
you will not lose your parental rights from falling behind on child support,
although you may have to file a document in court explaining why you fell
behind, e.g., unemployment. A child at
age 18 has reached legal adult status and can choose where she lives. Also, there is case law in Tennessee
suggesting a minor's opinion at age 14 should have a significant bearing on a
judge in deciding what is in the "best interests of the child." If you go to my website at
http://michaelguth.com/prose.htm you will find numerous examples of pleadings
drafted in the past concerning child custody and visitation.
Also,
you cannot constitutionally be put in jail if you are deadbroke and lack the
means to be put in jail. However,
Tennessee trial courts have been putting indigent child support debtors in jail
in unconstitutional debtor prisons.
Therefore, it is very important that you do not sit on your rights but
actively assert your rights and explain why you have not been able to make
child support payments.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=796169622
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: children and dating question
I'm
a 29 yr old male with 1 4 year old daughter.
My
attorney has told me that I am not allowed to have my child in the presence of
another female, other than family members, unless I am married to them. Is this
true?
Also
She has also stated that I am not allowed to date again until the divorce has
been final for one year.
Is
this true as well?
Thanks
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=291701752
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: children and dating question
You
are allowed to have your daughter in the presence of other females, unless for
some reason the judge who gave you custody or visitation has specifically
ordered that you cannot have her in the company of other women. You will need to obtain a copy of the
judge's order in writing and then read it for yourself. There is no precedent for a judge telling
someone he cannot date until one year after a divorce has become final. That sounds highly suspect. Again, you will need to read the order from
the judge and see if it is mentioned there in the order. I cannot answer these questions for you
without seeing the judge's order myself.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=538845673
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: What are my Rights?
My
husband & I are currently in Chapter 13.
My husband is also an alcoholic.
Both of our checks have volutary deduc-
tions
for the bankruptcy. What are my rights
if I do de-
cide
to go through a separation due to my husband's alco-
holism? There are two (2) children involved
also. There is
no
physcial abuse, but, a lot of emotional & mental abuse
geared
towards our two kids & myself by my husband when he's
in
a stupor. Any information would be
very, very helpful. I would prefer
being contacted at work: 615/781-5669,
ext.
12. Thank you for your time.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=752799428
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: What are my Rights?
You
have the same rights to obtain a divorce or separate from your husband as any
other person. The only catch here is
that the Bankruptcy trustee will have to be notified of your new living
arrangments, because the monthly amount that you pay the trustee was based on
you and your husband sharing the living expenses. Would you intend to move from your home, or would you like your
husband to move out and live elsewhere? If he has to pay rent, that will affect his ability to pay the
bankruptcy trustee as well as any child support to you. I wonder if divorce is the answer or if
forcing your husband to go to an alchohol treatment facility would be a better
solution.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=487798535
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Father's rights
My
husband pays child support to his children as he should, but he also adopted my
3 children (my children's father was/is alcoholic and gave up his rights). It
is a financial strain in every way on our family and the ex-wife is constantly
using the kids for power and control. Do the courts take into account other
children he has to provide for? Also, his daughter ''decided'' a year ago that
she just didn't want to come see him anymore and her mother agreed to let her
stay home, we can't afford to go to court and fight this, what should we do?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=757590742
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Father's rights
It
is very, very important that any time you face a financial burden because of
child support payments that you inform the court of the impact of that
burden. People cannot sit on their
rights, because the child support system is set to roll over people and force
payments or even put them in jail for failing to pay. The child support enforcement office absolutely must take into
account the number of other children that your husband supports. The TN Supreme Court initially ruled in
error that child support offices did not have to take into account the number
of other children supported by the child support debtor. But that decision was expressly overruled by
the Tennessee legislature, and now child support has to follow Tennessee law
and take into account the total number of children supported. Your husband should move to modify his child
support obligation. You can see a
sample pleading at http://michaelguth.com/visitation.htm
With
respect to the recalcitrant daughter, you did not indicate her age. Assuming she is age 13 or older, you will
have a nearly impossible task of forcing her to visit your husband, if she is
willing to appear in court and say she does not want to go anymore. Tennessee courts are obligated by state law
to do what is best for the child, and the older the child is, the more weight
the court has to place on that child's express wishes concerning visitation and
living arrangements.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=103947477
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Divorce Petition
Can
I leagally petition the court for a no fault divorce without any legal
representation? If so, where and how would I begin this process? Also, where
would I find the necessary information to insure that my petition is legal and
contains any and all information required to optain a legal divorce in my
state? Spouse and I have not been together in a marital fashion as of 1 year
today 9/4/04. I am unable to afford the cost of a lawyer and do not seem to be
eligible for any local assistance with legal fees.
Thank
you in advance for your help
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=764242435
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Divorce Petition
How
ironic! I generally don't practice in
the area of divorce law. However, I do
help people just like you file their own petitions for divorce pro se (without
a lawyer). You can read all about my
assistance to pro se parties at http://michaelguth.com/prose.htm That page also shows contact information
for me. The cost for having your
paperwork prepared is $149 payable to me.
In addition, you will have to pay a court filing cost of approximately
$134.50, although the court costs can eventually be taxed to your spouse if you
both agree to that. Or you can pay the
court costs if you have more income.
Please feel free to contact me if you and your spouse can agree to a
divorce and want to handle this without lawyers. Tennessee Chancery Courts will accept my pleadings and grant you
a divorce.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490317062
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490387125
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301273490
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Child Support
If
a divorced couple has joint legal custody of a minor child and the child's time
is divided exactly 50% with mom and 50% with dad, is a child support order
mandatory in Tennessee or can it ever be waived?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=490367098
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject:
Re: Child Support
When
the child's time is spent 50% with each parent, then it is rare to find cases
where there is a required child support payment. To the contrary, I am familiar with several cases in our local
county where a 50% custody by both parents eliminated the burden of child
support on either parent. If you start
out with a situation where one party in paying child support, and then the
custody changes to 50% with each parent, then it is necessary to get the court
to sign an order modifying the existing child support order. In other words, parties cannot sit on their
rights. The court expects you to
petition to modify the support order when the custody arrangement changes.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=811665767
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: When can a teenager be free from parents?
At
what age in Tennessee can a teenager request to live somewhere other than with
their legal parent? My niece is now
living in an abusive situation with her adoptive mother (my sister) and wants
to return to us and liver here. She has
lived 19 months with her mother, 16 months with us. She is now 13 years old and very competent.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=961161674
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: child's preferences in custody matters
A
Tennessee statute related to divorce indicates a judge has to give weight to a
child's preferences as to where she wants to live, but the amount of weight
given varies with age and is at the discretion of the judge. Other things equal, a 14 year old should be
able to decide where she wants to live.
There are appellate law precedents to that effect. In Anderson County, a 13 year old
successfully petitioned the court to change her custody situation. If you file a petition seeking custody and
your 13 year old neice separately files a petition seeking to live in your
house, then it would be very hard for a judge to deny both petitions. However, your neice's life might be
"hell" once her adoptive mother finds out until the hearing is
scheduled and the judge signs an order.
That will usually take 3 months or longer. You can speed things up if you know the right documents to
file. Go to
http://michaelguth.com/prose.htm and check out some of the pleadings there for
free assistance. If you want to pay me
to draft the documents, please contact me at my e-mail address (also given on
that web page).
LawGuru
BBS Administrator
lawtalk@lawguru.com
http://www.lawguru.com/
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=480675988
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: My widowed mother has Alzheimer's
My
widowed mother has AD. She is getting worse at a very quick rate. I never
realized anything was wrong until my dad died a year and a half ago.She is
almost totally out of touch with reality, she wanders, she can't clean up after
herself, she hallucinates most of the time. I'd say she's about 30% of her
former self. I need guardianship or power of attorney. I'm a single mom with 3
kids and we just moved in to help with her but it's too much. I need to put her
in assisted living. She has some savings and a pension.I can't afford an
attorney so I need to know what my options are. Can I petition the court
myself? Do I need power of attorney or
guardianship? Please help!
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=969874240
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Alzheimer's solutions
I
take care of an elderly parent with Alzheimer's, and in fact I do extensive
health care research -- to the point that I suggest drug treatments that even
our local doctors have not considered yet.
Alzheimer's is a disease that should have a very slow progression. If your mother is declining rapidly, that
tends to indicate she is not on the right medicines. I don't know about your educational background or your skill at
using the Internet, but unless you have a good reason otherwise, your mother
should be on six different treatments for Alzheimer's. If your local doctor indicates there are
only two classes of drugs for Alzheimer's, then he is not up to speed on the
latest treatment therapies. I am
writing an article on this subject, but I don't have it more that sketched out,
I would send it to you.
A
lot of caregivers succumb to the idea that nursing homes have some magical way
of dealing with Alzheimer's patients, and their loved ones are safe and secure
there. In fact, nursing homes are badly
understaffed, with one nurse's assistant for usually 12 or 13 patients. If one of the patients uses the bathroom in
his or her clothes, that patient will most likely sit or lie in that mess for
hours before someone comes in to change the person. Even then, the staff won't have time to put the person in a
shower, and will just wipe around a little, smearing the germs all over, and
then put the patient in new clothes.
I
have spent hours and hours in nursing homes, and I have seen the same type of
care over and over again. Nursing homes
are a beehive of activity from 9 AM - 5 PM, but after 5 PM and on weekends,
they are like ghost towns with respect to the skeletal staff in place.
Your
mother's condition can be treated.
Agitation can be treated. There
is no reason you cannot improve her grasp of reality more than what it is today
--- but it takes medication. Antidepressants
are extremely important in the treatment of Alzheimer's. They not only keep a person from going into
depression, they also keep the person less agitated, cut down on hallucinations
if not eliminate them, and dramatically decrease paranoid behavior when
patients can't remember where they placed items.
I
give my mother a potent mix of drugs each day, but the net result is that we
have perfectly normal conversations 8 years after diagnosis; we eat out at
restaurants at least twice and sometimes 3 times per week. Alzheimer's has not been the terrible
disease for our family that seems to have ravaged other families --- but again,
I am extremely involved in her medicine intake and read daily the latest
treatments and proposed treatments and clinical trials for Alzheimer's.
Mike
Guth
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=247425063
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Category:
Juvenile Dependency
Location:
TN
Subject: Emancipation
How
do I go about the emancipation process and what are the proceedures that are
done? Are there any qualifications? Does the teenager being emancipated have to
be employeed?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=270939267
===========
Category:
Juvenile Dependency
Location:
TN
Subject: Re: Emancipation
In
Tennessee, as in all the other 50 states, there is a presumption against
emancipation of a minor. That means
there must be compelling circumstances to sever the parental rights. You do not give enough facts in your
question to enable a complete answer. I
don't know how old you are, and whether you could support yourself. You also did not indicate what you hope to
achieve by being declared emancipated.
If you want to live with someone else, there is another means
available: petition for custody.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=363023421
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Category:
Elder Law
Location:
TN
Subject: Power of Attorney
My
67 year old mother is living with my family now. She is going through a very
stressful divorce of a marriage that of 40 plus years.
She
has visited my Gym with me & participates in water aerobics & loves it!
Her visitor passes have expired and she can not afford to pay for her own
membership. The Gym personnel stated that if I could obtain Power of Attorney
over her (I am her oldest daughter) then she could be listed as family on my
membership & would only be $20.00 per month. If she gets her own membership
it will be $75.00 to join and $49.00 per month.
She
does receive TN Care and it pays for her meds & most of her doctor visits.
She has very little social security income. She is afraid if I get Power of
Attorney, then our whole household income would have to be listed and she would
loose her TN Care. Will my having Power of Attorney over her interfere with her
receiving TN Care benefits? Thank you for your time & consideration!
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=619834872
===========
Category:
Elder Law
Location:
TN
Subject: Re: Power of Attorney
I
have good news for you. Did you know
there are 1,000 different varieties of powers of attorney? You and your mother seem to be aware of the
usual comprehensive power of attorney over financial matters. However, you can construct a limited power
of attorney, still called Power of Attorney at the top of the document, for
just decisions concerning gym memberships.
Your gym does not know the law, because having a power of attorney does
not make someone your dependent either legally or with respect to the U. S. Tax
Code. Therefore, I suggest you confirm
one last time with your gym that if you have a Power of Attorney, they will let
your mother participate on your family plan.
Get that person's name, and if he will put it in writing all the
better. Then you can construct a Power
of Attorney based on free forms that you can find on the Internet. You can download them for free and fill in
the content. Your content will be
something like "I vest in my daughter the power to make decisions for me
concerning gym memberships and to include me as part of her family in any
organization offering discount membership plans for families." Hopefully, your gym won't be smart enough to
realize the document is not a comprehensive and complete power of attorney over
all financial, health, and legal matters.
You can contact me directly if you need further assistance.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=865589816
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Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: where will my child go?
My
child's father has been advised of her birth but is not on birth certificate,
doesn't pay child support, and doesn't have visitation. If something were to happen to me who would
get custody of my child (grandparents, etc)?
Would the father automatically get custody even if he has never been
involved?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=914511446
===========
Category:
Family Law, Divorce, Child Custody and Adoption
Location:
TN
Subject: Re: where will my child go?
Tennessee
places a strong presumption that the best people to care for a child are the
biological parents. However, Tennessee
has enacted statutes that make it comparatively easy for a court to enter a
finding that a parent has abandoned his child -- which is one step away from
having parental rights terminated.
If
something happened to you, the child would immediately be placed with your
parents -- assuming they are in continual contact with you and know where to
find their grand daughter.
At
some point, the physical custody has to be turned into legal custody, so a
court would hold a hearing -- most likely a juvenile court in response to a
petition from the Tenn. Dept. of Children's Services. If no one came forward to contest the petition, then your parents
would almost certainly be awarded custody.
If
the biological father came forward and asserted parental rights, he would have
to prove paternity with a test, and then answer to the court why he had not
supported the child all these years. At
that point, the judge would have to hear both sides and try to decide who would
be the better parent: your parents, or
the biological father.
If
he is not paying child support now, you have a bargaining chip. You could tell him that you will not charge
him with child support and seek enforcement if he is willing to sign a document
surrendering his parental rights in the child.
That document would tip a court's decision in favor of your parents if
anything ever happened to you.
Mike
Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=720599282===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: TNSubject: Child Custody How does a father file for custody from the mother when the mom does'nt want thechild and lives in another state and does'nt have the money for a lawyer. is anagreement notorized from the mother stated she does'nt want the child good enough totake to court.The mom wants to give the custody in full to me. Thank you so much foryour time.Sincerely. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=161426529===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: TNSubject: Re: Child Custody Is there an existing lawsuit in Chancery Court where you are plaintiff and yourex-wife is defendant? If so, then you can file an agreed order terminating herparental rights and vesting full custody in you. I assume your ex-wife does notwish to retain parental rights. If there is not lawsuit, then you can informallysign an agreement in which she relinquishes custody rights to you -- and get her to notarize her copy so that there will be no allegation that the document was forged. That agreement will not carry the full weight of a court order giving you full custody, but there will be no one to challenge your right of custody except the biological mother -- so the out of court agreement should serve your purpose.
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=836061007===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: TNSubject: Child Custody Out of the Country If my spouses attempts to leave the country with our children how can I prevent itand if she does leave how can I fight for their return? ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=977263309===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: TNSubject: Re: Child Custody Out of the Country You will need to get an order from the court that issued custody and visitationorders to hold a hearing on whether your ex spouse should be allowed to leave thecountry with your children. The court might enjoin her from leaving, but you wouldhave to get her to surrender the children's passports and have a way to alert theairlines if she tries to depart. Of course, she could drive to Canada or Mexico. Once a spouse is out of the country with children, it becomes 10 times moredifficult to get the children back. The United States has signed treaties withvarious countries on respect for custody, but those treaties are routinely broken --as featured on a 60 Minutes show about two or three years ago. Another attorney may have some other good ideas for you.
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=734491908===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: NCSubject: Transfer of Custody My husband's ex who lives in North Carolina wants to send their son to live with ushere in Tennessee permanently. She is the custodial parent & he pays child support. What are the steps that he needs to take to make the transition smooth & legal? ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=979176809===========Category: Family Law, Divorce, Child Custody and AdoptionLocation: NCSubject: Re: Transfer of Custody He will need to file an agreed order with the court that granted custody signed byyour husband and the ex-wife. The order will state that custody is herebytransferred to the father, that the child support obligation from father to ex-wifeends, and if your husband so desires -- that the ex-wife pay him child support forcaring for his son. I am very proud that you did not erect barriers or obstacles toprevent your step son from living with you. It is very important that children haveloving parents. The son is in a difficult position not of his own making. Goodluck to you.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=457451129
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Ramifications of an order of protection
What effects will an order of protection have on the respondent? In the order,
it states that they need counseling and to be prohibited from
owning,possessing, using,etc. firearms and that they were once hospitalized in
a psych ward for anger issues. Specifically, will this prohibit the respondent
from being able to gain employment and /or keep him in the state in which the
order was done?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=179546511
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Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: Ramifications of an order of protection
In general, court orders are difficult to find. Even with a docket
number, a person needs to go searching through a case file. A future
employer is unlikely to find the Protective Order on its own. However,
some employers list on employment applications whether the applicant has any
outstanding protective orders against him. Those are red flag questions
that will require some explanation. For many jobs, that question will not
appear on an employment application.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=678663396
===========
Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: cremation laws
How can I find out what the laws regarding cremation are in the state of
Tennessee - i.e. is embalming required? do you have to purchase a casket? are
you limited as to where the ashes can be scattered?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=186818505
===========
Category: Family Law, Divorce, Child Custody and Adoption
Location: TN
Subject: Re: cremation laws
This is not an area that is within my expertise. However, you can find
out information simply by calling a funeral home director wherever you
live. In terms of scattering ashes, I know people who have scattered
ashes in the mountains and practically answer. There is really no way the
state can regulate or tell people where they cannot scatter ashes.
However, you should use common sense not to create a nuisance, i.e., do not
scatter the ashes so that they blow in someone's face or get in the drinking
water. It would be fine to scatter them in a river or stream or beautiful
mountain setting.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=270152750
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Category: Securities Law
Location: NY
Subject: joint stock account
I have a joint stock account with a former domestic partner.
This is not a business account. The account has been frozen by an attroney in
Westchester County in 2001, he is no longer involved due to conflict of
interest.
I now reside in TN and would like to settle this account, but she refuses,
wants all the stocks.
I would like to find an attorney who can represent me, where I don't have to
fly to NY and possible accept the case on contigency basis, the account is at
50,000
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=282194565
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Category: Securities Law
Location: NY
Subject: Re: joint stock account
First, you need to contact the brokerage firm and ask if they have a procedure
to close a joint account, where one of the account holders wants to leave it
open. Exhaust your administrative remedies before going to court.
I'm sure we could find a sleazy lawyer in NY who would represent you and take 1/3
of your equity. But do you want to throw that much away? I would
recommend that you consider filing a complaint in the equivalent of Chancery
Court to have the court order the brokerage company to dissolve the
account. Are you prepared to take 50% or did you expect more? If
you tell your former partner that you are willing to take 50%, and she can
either take that now or go to court and possibly get less than that, then she
might do the rational thing. If you weren't married, then it will be hard
for a court to tell who put more into the account -- unless you have
receipts. So a 50-50 split seems fair and reasonable.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=619824857
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Category: Real Estate and Real Property
Location: TN
Subject: Power of Attorney
My older sister has POA over my mom and dad. Right now they are in
felling health but they still have a good mind and do not need supervised
companions. My sisters daughter has been living with my mom and dad for
about 4 months, there was never a problem until my other sister and her husband
came there to live because they were kicked out of his mothers and than his
sisters house. Now my older sister told my niece that she had to get out so my
other sister can have the bedroom. She is doing this because my sister that is
living there is not working and if shes there than the one that has the POA
doesn't have to do so much. I'm worried because my sister staying there and her
husband are close to 50 year old and are druggies. I know several people that
are after my brother-in-law over drug deals and I worry about what might happen
to my parents. My question is can my sister tell my niece to get out?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=700128710
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Category: Real Estate and Real Property
Location: TN
Subject: Re: Power of Attorney
It is difficult to answer your question without seeing the content of the
POA. Is it a complete and full power of attorney, or a limited one?
In theory, the POA would give your older sister the right to make decisions for
your parents, including who lives in their house. However, it sounds like
your parents are being victimized. This is a perfect case for Adult
Protective Services of the Tenn. Dept. of Human Services. As soon as you
file a complaint with them, they will swoop down on your parents' home and investigate.
If they can substantiate any of the drug allegations against your sister or
brother in law, then DHS will aggressively go into court for you and seek a
restraining order to get your sister and her husband out of that house.
They will also seek to appoint a guardian, so you need to be careful that you
are appointed guardian and not some lawyer who will bleed your parents' bank
account with his or her excessive legal fees. Your first step is to
contact the Adult Protective Services unit by calling the Tenn. Dept. of Human
Services. Next, you will need to document the alleged drug problem, so
that it is not all hearsay.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=60481015
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Category: Civil Rights Law
Location: TN
Subject: Unrightful/forceful Kicking me out of the town
Back in March I moved to Tennessee from Indiana to get a new start on life and
to live closer to my girlfriend. I found a place to live within a week and a
job 2 weeks later. She didn't tell her parents cuz they are very old fashioned
and didn't like the idea of her dating a guy she met online. She finally told
them after I had been in tennessee for nearly 7 weeks, established a better job
etc. Her dad forbid her to talk to me. I wanted to talk to him directly so the
church she attended made arrangements that I could meet him at the church with
2 church officials so nothing became physical. When I met him, he threatened to
kill me or sue me for ''harassment'' and ''stalking'' (when she would be the
one that came over to MY house) if I didn't leave town by sun down. The church
officials didn't try to calm him down, but rather, sided WITH him and told me
if i didn't move they would help him prosecute me.
I was wondering if I could file anything against either her dad or the church
for threatening and forcing me to leave a management job, a steady place to
live and wasn't actually harming anyone, to be honest all he had to do was put
a restraining order on me.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=705591086
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Category: Civil Rights Law
Location: TN
Subject: Re: Unrightful/forceful Kicking me out of the town
This fact pattern is one of the strangest cases I have ever heard.
Citizens of the United States are free to travel and relocate to different
states without anyone's permission. Were you dating an underage
minor? If so, then this may have turned out for the best, because you
could have gotten into trouble with false accusations that carried penalties
worse than just leaving town.
If your girlfriend was an adult, then the father and the church people had no
right to tell you where to live or to get out of town. You would not have
been subjected to a restraining order. Those are only given when there is
imminent risk of harm.
Are your rights to relocate restricted based on a past conviction for a felony
or sex offense crime?
I don't know enough about the facts in your case to provide further advice.