Skip to main content
Kimberly Kaye Schreiber

Kimberly Schreiber’s Answers

192 total


  • My boys father has not seen them in two months, is there anything I can do about that?

    Has a new girlfriend.

    Kimberly’s Answer

    Often a new girlfriend will cause a change in the way a party behaves. Do you have a Parenting Plan? Does it have a clause stating no overnight visits with the girlfriend during his parenting time? That could be his motivation. Most courts do not penalize someone for not exercising parenting time, but you can adjust your child support to reflect the actual time he is using and charge him for daycare if there is an extra cost to you during the time he was supposed to have the child.

    See question 
  • Can I get my parental rights back?

    I live in tn. I moved to Michigan got married and had a child. My wife kicked me out and I had to move back to my family in tn. She filed for divorce and got it. She also got my parental rights terminated. I was never contacted or knew what was go...

    Kimberly’s Answer

    Yes, you need to post this in the Michigan area instead of Tennessee. The divorce was granted in that jurisdiction and your child resides in that state.

    See question 
  • How long do i need to wait before i can file to terminate my childs fathers rights?

    He is suppose to have him every other week and keep insurance on him. However he has not carried insurance on him since june of last year, and has not seen or called him in two months, much less help support him. My son doesnt want to go see him b...

    Kimberly’s Answer

    I agree, 4 months and you need a step-parent to adopt the child. You can file a Motion for Contempt and a motion to reduce parenting time to zero because of his lack of parenting time.

    See question 
  • We had roommate's and they moved out and left all there stuff behind. We need it gone can we sell it? How long before it's ours?

    We have asked them to come and pick it up and they still have not came. It has been in our house where renting for about 1 month now and they have never returned?

    Kimberly’s Answer

    Can you send them a certified letter to prove you have notified them? Give them 10 days to pick it up and then get rid of it.

    See question 
  • Plantiff in a child support case doesn't show up, what happens to them?

    They were sent a letter saying they must show.

    Kimberly’s Answer

    As the attorneys stated, it depends on what the hearing was for. If someone doesn't show up, the suit could be dismissed, reset or there could be a default judgment against them if the Defendant wants support to be set. This could mean that support is set with no input and the judge uses the Tennessee child support guidelines and imputes income to the Plaintiff.

    See question 
  • How can a judge grant a divorce in favor of my ex when he is the one who cheated on me?

    He admitted on the stand that he was involved in an extra marital affair. There was no testimony that I did anything. The judge ruled on his side, granting him a divorce on the grounds of inappropriate marital contact. I received no proceeds at a...

    Kimberly’s Answer

    An appeal is your best option and it generally needs to be done within 30 days of the signed order. You can ask that your ex be taxed the cost of the appeal.

    See question 
  • School age son in Tennessee, asking for 50/50 time.

    I have a school age son who lives in Tennessee and I live in another state. I am currently in a court battle, and will be moving to Tennessee next year to be close to my son. My ex has limited my time for the last three years, and the judge is cur...

    Kimberly’s Answer

    More time is always an option and is based on the best interest of the child. Your son, depending on his age, may also have a say. Check your current parenting plan, as you probably need to go to mediation before you can file a Petition to Modify parenting time. Are you in Juvenile court in Davidson County?

    See question 
  • How do we prevent the mother from leaving state with his two year old child?

    She was thrown out of another home with the child. She has no job, and this will be the 6+ time she has moved homes with the two year old child. It is proven paternity, and she still refuses his rights. We live in a stable home with his brother, a...

    Kimberly’s Answer

    Are you the Father? If so, what does the Parenting Plan say? There is a statute in Tennessee that makes a moving parent notify the other parent of a move and gives the parent the right to oppose the move. You definitely have rights and a good attorney can help you assert them.

    See question 
  • Wanting to get full or 50/50 custody

    me and my ex have a verbal agreed on child support but she wont let our son have my last name and even though we have texts and other things showing we have agreed to child support, she won't take anything but cash and wont sign anything for it. i...

    Kimberly’s Answer

    I agree with Johnny, you need to get something in writing. The Judge will look at how much time you have been spending with the child and set out a Parenting Plan that takes that into account. Are you in Davidson County Juvenile Court? A verbal agreement is not enforceable, but the judge will definitely look at what you are doing NOW that is working and what your schedules are.

    See question 
  • What does the law say about a third party violating a restraing order?

    say someone walks up that knows the person who you have the restraing order against and tells one of the victims to stay away from the victims they were restrained from

    Kimberly’s Answer

    As Johnny said, look at the paperwork. It often says third party contact violates the order. If there is a violation, call the police and there will be a hearing with consequences to the offender.

    See question