How Can I Get Full Custody of My Children?

Tennessee, like most states, is trying to make shared custody of children the norm. There are two types of custody in Tennessee: Physical custody provides for where the child will live and sleep. It provides for the daily and weekly needs of the child such as feeding the child, seeing that the child goes to…

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What Makes a Parent “Unfit”?

In Tennessee, the fitness of a parent is a factor in custody decisions. It is also a factor in termination of a parent’s rights altogether. Termination of a parent’s rights usually arises in adoption proceedings. At the core, the Tennessee courts will hesitate to declare a parent unfit to take care of their child. They…

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Tennessee’s Law on Parental Relocation

On July 1, 2018, Tennessee’s new parental relocation statute became law. The main difference from prior law is that prior law made it easier for a parent to relocate if the parent who was relocating was spending comparatively equal time with a child as the parent who wasn’t moving. Prior law made it harder for…

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Factors for Determining Parental Fitness in Custody Cases

In deciding how to assign legal and physical custody, judges always focus on what is in the best interests of the child. Generally, courts like to have parents share legal custody unless there are strong reasons why only parent shouldn’t have any legal custody. One parent is usually granted (primary) residential custody, and the other…

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Are You Certain That You Want Sole Custody?

Custody battles can bring out the worst character traits in people who are supposed to be fighting for the best interests of the child. Sometimes, parents get so caught up in their desire to win that they lose sight of the facts of what “winning” a custody battle really means. Are you sure that you…

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Tips and Pointers for a Successful Child Visitation Weekend

One of the more complex points of your Tennessee divorce was probably determining your child custody schedule. Coming to agreement on something that works for both parents, and is also in best interest of your child or children, isn’t easy, and sometimes requires the help of a mediator or a divorce court. Typically, visitation schedules…

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“Bird Nesting” Child Custody in Tennessee

One of the most important and difficult issues that come up during a divorce is child custody. Divorcing parents must decide the terms for custody, whether it will be joint or sole custody, a schedule for parenting time, and they need to do it in a way that disrupts their children’s lives as little as…

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7 Missteps That Could Cost You Custody of Your Children

Not being awarded custody of your children, or losing custody of them, is easier than you think. The court’s priority is to make decisions in the best interest if the child. As a parent who desires to get custody of their child in a divorce, if you keep the child’s best interests – not your…

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Parental Kidnapping and Family Law in Tennessee

This past May, a woman from Memphis temporarily lost custody of her young toddler son during a difficult divorce. In June, the woman was arrested in Michigan for kidnapping. But it gets worse. When she was found in a Dearborn, Michigan hotel room, not only was her son kidnapped, but so was the boy’s 30-year-old…

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Do Grandparents Have Visitation Rights in Tennessee?

Families can be complicated and, often, parents are not the sole caregivers to their children. Grandparents often have a special relationship with their grandchildren and, in many cases, might function as a parent or legal guardian to a child for some or most of their lives. In Tennessee, there are three specific statutes of family…

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What to do When Your Ex Denies Your Visitation Rights

During the divorce process you and your former spouse sat down and ironed out a parenting plan agreement, which contains a schedule for visitation for the parent who did not get primary residential custody. The Court reviews this document and refers to it when it issues the final custody order. The Tennessee Court as with…

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The Future of Sonya McCaul

When David and Kim Hodgins agreed to foster a one-year old Sonya McCaul back in 2005, they could not have known how long she would stay. After all, young Sonya had been brought across state lines from Nebraska by her babysitter, and her father was in and out of jail. But even though the Hodgins…

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What Does “Contempt of Court” Actually Mean?

If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…

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Modernizing the Parenting Plan

Are you divorced with children? There’s an app for that. Actually, there are several apps for that. While divorce can be a difficult time for a family, technology makes it a little more simple. Modern technology can help minimize conflict and make it easy to communicate ― critical concepts after a divorce involving children. Establishing…

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