Kimberly is an Attorney with over 18 years of experience. In addition to trial experience, she is a Tennessee Supreme Court Rule 31 Listed Mediator in Civil/General and Family Mediation, Specially Trained in Domestic Violence Issues. She has had the opportunity to train mediators in General/Civil and Family Mediation, elder mediation and ethics. She is a certified Elder Mediator and Elder Mediator trainer. She trains Public Defenders all over the country and has taken the NHTSA course to become a trainer in the area of DUI. Kimberly is an international speaker and has recently taught courses in India, Poland, Germany, France and Austria. She has been chosen to judge the International Mediation Competition hosted by the International Chamber of Commerce for 7 years. Her law degree is from Indiana University School of Law at Indianapolis. She holds a B.S. in Accounting from the University of Kentucky. Formerly, Kimberly worked as a Federal Bank Examiner and in the corporate world as an auditor.
Kimberly also teaches the mandatory Parent Education Class, both online and in person.
US Supreme Court Clarifies Rights for Fathers?
Q. In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?
A: Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep a record of texts when you go to pick up your child and ask where your child is.
Q. What are our options?
A: Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in juvenile court.
Q. Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.
A: Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for speedy hearings and advocate for you.
A: You need to consult your Marital Dissolution Agreement. It usually says that each spouse is keeping the personal property in their possession or provides details about the property settlement. If it doesn't provide any guidance you could send him a storage bill and a certified letter asking him to come get his property. You could also have an attorney send him a letter.
A: If you are trying to move, you must follow the Parental Relocation Statute. It is on the last page of your current Parenting Plan. You can also look it up under TCA 36-6-108. Exigent circumstances could be a job loss, a sick family member that needs care, loss of a home to fire, and many others. Consult with a Family Law attorney to see if your circumstances might meet the criteria.
A: Do they have any sort of Parenting Plan through the court? If not, he needs to file a Petition in juvenile court to establish his rights. Once that has been established, he will have court ordered parenting time. Mom would have to notify your son under the Parental Relocation Statute if she wanted to move out of state or more than 50 miles from where she is now. However, that is only in effect AFTER a Parenting Plan has been established. He needs to consult with a good attorney that regularly practices in juvenile court to get that petition filed ASAP!
A: Have you tried hiring a private detective? I know that can be expensive, but it is likely the only way to have someone dedicated to finding him. They can use social media and also try to track him through his girlfriend.
A: I need more information, but generally you would have to sign a release for your medical records. There could be some reason that a there is a court order for medical records. You best option is talk to an attorney and go down to the court to make sure you have all the records in the file. There might be a court order or some other paperwork in the court file that would help you.
Q. Once spousal support is given and bills are paid, is rest on the money divided between wife and grown children?
A: Is this a probate question or a divorce question. In family law (divorce), the grown children do not get any of the marital assets. Those are divided "fairly" by the judge, who also decides alimony based upon a factor test.