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George Lawrence Rice IV

George Rice’s Answers

17 total


  • I live in Tennessee, wanted to know if I can get a restraining order preventing wife from taking our child around her affairs?

    Our child is 2, she met this guy on the internet and has only seen him twice but the second time she took our child for 3 days. I have proof and need to protect my child. We are not divorced or legally separated yet.

    George’s Answer

    If you have evidence that this man is a threat to your child, then you can get the order. If the man isn't a threat, you may still be able to get injunctive order based on fact you and your Wife are still married. The second depends on your Judge.

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  • Can my divorce decree be modified due to the value of our home dropping below what we owe....?

    My ex husband and I purchased a home when we were married 7 years ago. After a year we refinanced to consolidate several of my ex husbands credit cards he had before we were married. In the divorce I was awarded the home but now am trying to sell ...

    George’s Answer

    Property divisions are final. Unless these premarital debts were assigned to him in the decree, you're out of luck.

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  • Can my child continue receiving child support in tn after he turns 18?

    My son is a senior in high school this year and will be turning 18 in February. He will be finished with all of his courses for high school this semester but will not graduation from high school until May of next year. During the second semester h...

    George’s Answer

    Child support runs through the child reaching the age of majority or graduating from high school, which ever occurs last. Child support will continue. There may be an issue if you are relying on an order setting support from out of state.

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  • In the state of TN can a non custodial parent be held responsible for lawyer fees if they are about non payment of support?

    My daughters father seems to only pay when in contempt of court. The most recent time he was made aware they were trying to give him a court date, he left the state of TN and moved to OK. Child Support told me there wasn't much they could do, and...

    George’s Answer

    • Selected as best answer

    Yes. Statutes in TN specifically allow an award of attorney fees when litigations the best interest of your children. Your lawyer does not need to abuse this statute by running up a big bill. A court still has discretion in the ultimate award.

    With collection of past due child support, you can offer your lawyer a percentage of child support collected in lieu of hourly payment and still request fees. That my help if you are having a problem paying your attorney.

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  • My ex-wife has a boyfriend that keeps on threatening my kids. Do I have to honor her visitation? What can I do?

    I have custody of my children through a temporary order. The boyfriend has threatened to beat my kids up several times. They do not want to go back. What can I do from here. She demands her visitation but they are scared. What can I do?

    George’s Answer

    As usual the more proof you have, the better your case. I do not know the detailed facts, but be wary of going forward on just your children's statements. Children often exaggerate or falsify information and feelings to manipulate or to please a parent. If you are proceeding on just your children's statements, I suggest taking the children to a counselor who can speak with the children and provide the court with a synopsis of the children's statements and if the statements are credible. Do not take the children to see a counselor if your temporary order bars that unilateral decision. Most temporary orders should not bar this action, but you should check first.

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  • What can a parent do if he is separted from mother of kids and she moves a guy in with her with a history of violence....

    Boyfriend of mother is claiming to be father but husbans is paying child support and does not want dna test...boyfriend has 4 assault charges....1 is pending

    George’s Answer

    Under Tennessee Code Annotated 36-6-106, you can use this man history to limit Mother's parenting time. You can also ask that the children not be exposed to this man with a specific clause identifying him.
    These actions make cause Mother to move for or just take the kids for a DNA test. If you have been held out as the children's father and the children know you as their father, courts can uphold your parenting rights in some form or fashion if that is what you want.

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  • Ex-husband lets his live in girlfriend take our son to all his appointments instead of me.

    My ex-husband and I have a 13 year old son. We have been divorced for 8 years. Some things happened that caused my husband to get Primary over him, however we have joint custody. After he received Primary, I have not been included in his life a...

    George’s Answer

    As long as Father's girlfriend is taking your son to appointments during Father's parenting time, there is not much of an issue. If he schedules these appointments during your parenting time or there is actually something wrong with her, issues arise which you should take to an attorney.
    Besides that I agree with Mr. Seino. You need to engage in self help on school issues. A lot of school information is on the Internet. Use it. Be careful about complaining that you are fourth up on calling list. I understand that this is a big deal to a parent, but this same concern can make you appear bitter or problematic to a judge.

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  • If plaintiff does not show for divorce trial but defendent does, will defendent be issued a default divorce?

    I was recently informed my former spouse (plaintiff) did not show for original divorce hearing two years ago and it was not finalized. I now have a new trial date but if they do not show, will the judge reschedule or go ahead and finalize if I am ...

    George’s Answer

    For the judge to finalize a contested divorce without plaintiff, you will need a counter complaint alleging appropriate grounds and requesting a divorce for judge to rule on. If your case was settled, the judge can have an uncontested hearing with just you to finalize.

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  • How can I get child support and make sure the biological father has no rights to my child?

    I live in Clarksville, TN and I'm currently pregnant. I'm due in less than two weeks, and I start school in October. I plan on getting a part time job as well, but I'm at a loss on how to pay for daycare an other necessities. The biological fath...

    George’s Answer

    I know you don't like it, but you need to take Mrs. Sinclair's words of caution and temper yourself before you appear in court. You are walking a fine line when claiming the other parent is inappropriate for contact with the child because you did find it appropriate to have a child with this man, thereby calling your decision making and responsibility into question.

    That does not mean grounds do not exist to limit or supervise parenting time. Present your knowledge of his drug use to request a court ordered hair and urine drug test for father. Present the information you have regarding his inappropriate friends. The court will look at the character of people who come around the child at both parent's house.

    The court also looks at the willingness of each parent to co-parent. You said you've asked him to clean up. You need proof of this for court. If you truly feel this way, you should send him some emails, or at least text messages, where you are asking him to clean up. Your request for him to get help needs to be based on what's best for both of your child, not based on getting you back.

    Gather as much evidence as possible. If you can, look up Tennessee Code Annotated 36-6-106 and prepare information to address those factors. Keep in mind all of the factors may not be relevant to your case. Also, information outside of the factors may be important in your case. The factors will give you a good starting point on preparing relevant information. If you get a lawyer, having this information ready will save time. Saving time usually means saving fees as well.

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  • Will i win custody?

    separated for 6 years neither parent has court documents on custody of children

    George’s Answer

    You'll need to develop your facts much more to get advice. Who has held the majority of parenting time? What has been the traditional division of parenting time? Is there any reason you shouldn't have custody? Any reason your ex shouldn't have custody?

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