Family Law
Understanding the Legal Rights of Unmarried Parents in Tennessee
Working through the legal process as an unmarried parent in Tennessee can be complicated, especially concerning issues like paternity, custody, visitation, and child support. From establishing paternity to protecting parental rights through legal action, it’s important to understand this legal maze for the well-being of both parents and their children. Establishing paternity For unmarried fathers…
Read MoreTop 5 Mistakes People Make During a Tennessee Family Law Dispute
Family law matters, whether divorce, child custody disputes, or adoption, can be emotionally charged and complex. It’s important to maintain clear thinking and sound decision-making during this trying time. Unfortunately, some common mistakes can significantly affect the outcome of your case and prolong the legal process. Here, we explore the five most frequent missteps individuals…
Read MoreUnmarried But Living Together? Consider a Cohabitation Agreement
In Franklin and other cities across Tennessee, unmarried couples who have spent years living together are not given the same protections as married couples. Therefore, if you and your partner decide to split, the property and assets that you have gained throughout the relationship and while living together will not be divided equitably like they…
Read MoreCourt Orders Mom to Stop Breastfeeding as Part of Custody Battle
Tennessee custody law requires that a child’s best interest be the key factor in any custody agreement. Custody agreements involve legal and physical custody. Legal custody refers to long-term health and education decisions, while physical custody refers to which parent a child lives with and who supervises the child. Agreements or orders need to be…
Read MoreNegotiating Alimony During Your Divorce
Divorce is a painful process that affects everyone involved. The entire process is emotionally taxing, and dividing assets can be financially painful. As the divorce progresses, one party may be required to make alimony payments to their ex-spouse. The amount of these payments is decided based on negotiations. Negotiating alimony is complex and requires both…
Read MoreTennessee’s Relocation Laws and Child Custody
Regardless of how others feel about celebrities, it is always unfortunate to hear that a couple has broken up. When the couple has children, the split is even more devastating. One of the most recent couples to announce their separation is popular singer Shakira and footballer husband Gerard Piqué. Even though the two were not…
Read MoreAm I On the Hook for Child Support if I Didn’t Know I Had a Child?
The popular online forum Reddit recently highlighted a post from a man facing an interesting personal and legal challenge, asking for advice and comments after he found out he was the father of a five-year-old boy. First, let’s look at the players in this story (names are all changed for anonymity): Joe, the Reddit poster…
Read MoreWhat Makes a Prenuptial Agreement Invalid?
Requesting a future spouse to sign a prenuptial agreement is not a sign of strife to come in a marriage. There is a healthy and beneficial way for partners to initiate conversations about signing prenuptial agreements for future spouses; one of those ways does not include springing prenups on future spouses at the last minute.…
Read MoreDetangling Affairs: How to Purge Your Digital Life When Your Relationship Ends
We recently wrote about protecting yourself at the start of your marriage by taking advantage of all of the benefits and protections that institution provides. A great many of those of advantages are conferred by comingling assets and consolidating bills (among others). Unfortunately, the protections and benefits of a relationship can become liabilities when that…
Read MoreHow Finances Affect the Decision to Stay in or Leave a Marriage
Stable marriages involve many different factors. Love, companionship, loyalty, children, growing together, and intimacy are just some of the many reasons people stay together. Finances are another important factor, and they can make – or break – a marriage. Today, we want to look at why unstable finances can keep unhappy couples together, and why…
Read MoreWhat Factors Affect Spousal Support in Tennessee?
Tennessee has four types of alimony. Before reviewing what issues can affect entitlement (or non-entitlement) to spousal support and the amount and length of spousal support, it’s important to understand these four types of possible alimony awards. The four types of Tennessee alimony support are set forth in Tennessee Code § 36-5-121: Rehabilitative alimony. This type…
Read MoreHow the New Child Tax Credit Affects Tennessee Families
When parents divorce, it’s natural to focus first on which parents will have physical and/or legal custody of their children. Once the custody status is resolved, the next step is determining which parent has the duty to pay child support and how much child support should be paid. The impact of children on divorce doesn’t…
Read MoreHow Do You Show That You Deserve More Parenting Time?
In Tennessee, there are two types of custody. Legal custody affects long-term health and education decisions for your children. Physical custody determines which parent the child resides with and who supervises the child. Most parents share legal custody of their children and many parents share physical custody. Tennessee law requires that the parents (if they…
Read MoreWhy Children May Need a Guardian
Parents are the natural (and legal) guardians of their children. This means they can decide the daily living issues for their children and the long-term issues. This includes making decisions about their health, well-being, religious upbringing, financial matters, and other issues. Sometimes, though, a parent is unable to function as a guardian. When one parent…
Read MoreSome of the Strangest Marriage Laws
Many states in America have unusual marriage laws that are still on the books. While many of these laws aren’t enforced, there’s always the possibility they could be. As people move in and out of Tennessee, it’s helpful (and OK – it’s fun, too) to know what some of these odd laws are. Some of…
Read MoreHow Guardianship of a Child Works in Tennessee
Guardianship is a legal arrangement in which a responsible authorized adult agrees to care for someone who can’t care for him or herself. Guardians are usually used for children who don’t have parents or don’t have capable parents, and for some adult children with special needs. Seniors may also need a guardian. When children need…
Read MoreParental Relocation Rights and Duties in Tennessee
Often, after physical and legal custody rights have been established by a court order or a permanent parenting plan, one parent seeks to move. Sometimes the move is voluntary. Often, the parent moves because of the offer of a new or better job or due to educational opportunities. A parent may want to move if…
Read MoreWhat is the Process for Terminating Parental Rights in Tennessee?
If you are a parent, just the thought of having your parental rights terminated could be a frightening thing, but in other cases it could be the first step to a whole new life for a child who has not had the love and care they deserve from their birth parents. Terminating a parent’s rights…
Read More5 Benefits of Divorce Mediation in Tennessee
As we have said so many times, divorce is basically the breaking of a contract. If there were a way to separate the high level of emotion that the divorce transaction stirs up, it would probably be a faster, easier process to work through. But divorce is not just about breaking a contract. Marriage represents…
Read MoreChild Support Enforcement in Tennessee: Liens for Child Support Arrears
There are many ways in which the payment of child support can be enforced, and federal law has created some uniform guidelines for enforcing child support payments. Tennessee’s statutes for child support enforcement can be found here: T.C.A. § 36-5-901, and the Department of Human Services (DHS) is the state agency that is responsible for…
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