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John Steven Anderson
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John Anderson’s Answers

30 total

  • What type of divorce do I need to file?

    Juvenile court has recurring jurisdiction over my children and has already granted me full custody due to a ruling of imminent and severe danger to my children by their father. I was also granted a restraining order preventing him from having any ...

    John’s Answer

    You can file the divorce papers asking for a divorce on the grounds of Irreconcilable Differences (an uncontested divorce) and on other grounds (Inappropriate Marital Conduct, etc). That way, if your husband does not cooperate by allowing you to take the divorce on Irreconcilable Differences, you can take it on the other grounds listed in the divorce papers.

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  • Can she get full custody of my child and can she get child support from me?

    My girlfriend and I sepereated about a year ago. I keep my 4 year old three days a week, while her mother keeps her the remainding 4. I have her Friday, Saturday, Sunday, drop her off at school Monday morning. She is telling me she is going to tak...

    John’s Answer

    You should contact a local attorney about how to handle this situation. Generally, you should consider going to court first and asking for custody of the child IF you think that is in the child's best interest. If you wait for the mother to file, you will be in a defensive position, which is usually not a good place to be.

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  • How to get 51/49 custody

    I now have 50/50 custody but the mother is moving around alt not using current addresses for school. she doesn't pay her half of doctor bills and i want to put the children in school from my address. is there anything i can do?and how would i go...

    John’s Answer

    You need to hire a lawyer and have them file a petition to modify the current custody arrangement and give you the right to enroll the child in school in your district.

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  • My daughter is not mine but my name is on birthcertificate. Do I have any rights?

    the mother and I were married at time of birth, several months prior we had been seperated for short period of time and she became pregnant by someone else. Biological father never involved. When our daughter was born, the mother and I signed birt...

    John’s Answer

    If you were married at the time of the birth, the child is presumed to be yours. The most common way to overcome that presumption is by DNA test. Unless you have submitted to one, there is no basis for removing your name from the birth certificate. A court will generally not hear your wife's request to remove your name unless a natural father is asking to be declared the father.

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  • Non-Custodial Parent wants to give up paternal rights and give mother (primary parent) sole custody with no visits or support

    My ex-husband and father to our 14 year old son is over $12K behind in child support and has recently been incarcerated for drugs and alcohol. He is out of jail and wants to leave the state, but wants me to have paperwork drawn up to voluntarily g...

    John’s Answer

    Courts will generally not terminate a parents rights and obligations absent a legally recognized reason, not just because one does not want to pay child support. Unless you have someone else willing to adopt your child, it is unlikely you can do this.

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  • What can my daughter remove from the house that her and her husband shared now that they are seperating?

    My daughter and her husband have seperated. They agreed that he could stay in the house and she moved in with us until she found an apartment. She has found one now but her father and I are concerned about her taking items from the house even thou...

    John’s Answer

    Technically, she can take anything she wants as long as she can do so without breaching the peace. She should be able to take the things that she owned prior to the marriage, along with anything else that they agree for her to take. If there are things that they disagree on, she should make a list of what they are and try to negotiate for them. Don't spend hundreds of dollars in attorney fees arguing over items worth only a few dollars.

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  • Who's responsible for costs of modifying child support? And can support be retroactive?

    Child is no longer in daycare, so father wants modification. Is he required to pay costs? Will the modification order be retroactive from date he discontinued daycare?

    John’s Answer

    Father will have to pay the costs of initiating an action to change child support, but the court could order you to pay those costs if the court grants the petition. Child support can usually only be modified retroactively to the date that the petition is filed.

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  • How do I go about getting legal custody of my 16 year old who has been living with me for 6 months now?

    I have been divorced several years - she (my ex) got full custody, but has always let our daughter spend as much time with me as she wanted. We live in different cities, so during school year she was with her mom during the week and with me most w...

    John’s Answer

    You need to file a petition to change custody. If the divorce was granted in Tennessee, our law will apply and you should be able to get a change of custody based on what you have stated. You may also be able to get your alimony obligation reduced or stopped based on the fact that your ex is living with someone else.

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  • How long on average will it take to have an emergency divorce hearing when wife won't settle?

    I have been trying to divorce my wife for over 2 years. Each time I make headway,I get deployed or relocated due to military obligations. She takes advantage of this. She knows I am about to deploy and has made outrageous demands in the settlement...

    John’s Answer

    A lot depends on the judge who is assigned to your case. There are 12 judges in Shelby County who hear divorces. Some are much more receptive to handling issues on an emergency basis than others. Your lawyer should be able to find out quickly simply by filing a motion and asking the judge.

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  • My friend is the one who called the police for me when my ex was harrasing me, i went and dropped the charges court is tomorrow,

    my friend is the one who called the police for me when my ex was "harrasing me, however i went and dropped the charges, now court is tomorrow and i am waiting to find out if the state dropped them as well, my friend is paranoid though they will me...

    John’s Answer

    you need to call the prosecutor and ask him/her these questions.

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