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Samuel Wayne Clemons Jr.

Samuel Clemons’s Answers

47 total


  • Can dcs take my kids after I failed my first drug test for thc in Tn?

    Samuel’s Answer

    It may be a good idea to refuse to take the drug test, and tell DCS to stop bothering you. However, you will absolutely need to talk to a lawyer about the specifics of your case before making a decision one way or the other. This is not the sort of question that is easily answered anonymously over the internet.

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  • If I give someone temporary custody of my child can they keep the child are fught me to keep the child

    Samuel’s Answer

    Be specific about when and how the child will be returned to you. If you leave it open ended, it's not really "temporary." I highly recommend that you talk to a lawyer about the details, and have a lawyer draft the language to make sure your rights are protected.

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  • I have raised my nephew since birth. He is now 14 and would like me to get legal custody of him, is this possible?

    Samuel’s Answer

    Yes. You would file the appropriate petition, likely in Juvenile Court. You'll likely want to get an attorney. The cost and amount of time will mostly depend on whether the parents are opposed, or in agreement.

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  • Can my spouse prosecute me for using his card for utilities after he left me?

    Samuel’s Answer

    Mr. Rasberry is right. You need to talk with a lawyer to pin down the details of the situation. Whether you were allowed to use a card to pay bills has nothing to do with the proceeds from the house. Don't get strongarmed into making a bad decision. Get a lawyer to help you handle the situation.

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  • How do I serve my son's mother who lives out of state with a petition to change his name?

    Samuel’s Answer

    • Selected as best answer

    You need to file a petition for a name change, and serve her with the summons. It will be set for a hearing, and she would have the opportunity to argue to the judge why the name shouldn't be changed. The test for the judge is whether a name change is in "the best interests of the child." Given the circumstances you describe, I think a judge would be likely to grant the name change.

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  • In the state of TN can DCS request a back ground check on a parent?

    Samuel’s Answer

    Yes, you need a lawyer. Your situation is complicated enough that you should speak to a lawyer who can go over all of the details, and give you advice on what your rights and options are.

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  • Can I get custody of my boys if their dad has stopped providing for them?

    Samuel’s Answer

    Yes.

    It's about that simple. Based on your description, you probably have a case worth pursuing.

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  • Will I have to serve time for my 3rd offense theft?

    Samuel’s Answer

    You will need a lawyer to defend you. Meet with at least a couple of attorneys prior to your court date, and if you find one that you like, and can afford, hire them. If you cannot afford an attorney, the judge will give you the opportunity to apply for a public defender. Meet with your public defender, and let them handle your case. As attorneys, it is our job to help people in your situation. The sooner you get one on your case, the better.

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  • This is about grandparents visitation rights for Tennessee

    Samuel’s Answer

    Yes. Tennessee has a law granting Grandparent visitation under certain circumstances. Here's the law:

    36-6-306. Grandparents' visitation rights.
    (a) Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit, chancery, general sessions courts with domestic relations jurisdiction, other courts with domestic relations jurisdiction or juvenile court in matters involving children born out of wedlock of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian:
    (1) The father or mother of an unmarried minor child is deceased;
    (2) The child's father or mother are divorced, legally separated, or were never married to each other;
    (3) The child's father or mother has been missing for not less than six (6) months;
    (4) The court of another state has ordered grandparent visitation;
    (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or
    (6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child.
    (b) (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation or severe reduction of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that:
    (A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child;
    (B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or
    (C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child.
    (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:
    (A) The child resided with the grandparent for at least six (6) consecutive months;
    (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or
    (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.
    (3) A grandparent is not required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with a grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child.
    (4) For the purposes of this section, if the child's parent is deceased

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  • If you own a home jointly with someone that is not a spouse, can one party sell their interest?

    Samuel’s Answer

    What you're looking for is called a "partition." You can file a lawsuit and ask the judge to either divide the property and let you sell a portion, or to sell the whole thing and split the money (usually with the other person having the option to buy you out). All of this gets increasingly messy when mortgages and banks are involved, of course. You'll definitely want to speak with a lawyer about the details of the case.

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