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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…
Read MoreThe Uniform Child Custody Jurisdiction and Enforcement Act and Relocation
Families with children face some different legal challenges, especially when one parent no longer resides in the same state. To help make the process easier for parents and for the courts, Tennessee (along with 48 other states) adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which grants exclusive jurisdiction rights to the home…
Read MoreTennessee Given a “D” for Child Custody Laws by National Parents Organization
The National Parents Organization is a 501(3)(c) dedicated to promoting shared parenting throughout the country. Every year, the organization issues a Report Card that assesses the states’ laws as they relate to parenting plans in child custody. In the group’s 2014 Report Card, issued this November, Tennessee and 22 other states earned a “D.” The…
Read MoreGet Your Tickets TO Bonnaroo, Not AT Bonnaroo
The lineup for Bonnaroo 2015 is going to be announced soon, and people from all over the country will be planning their visit to the 700 acre farm in Manchester, Tennessee to enjoy the festival. Four day long concerts like Bonnaroo feature more than just music, because they celebrate the arts in general. If this…
Read MoreJanuary is Considered National Divorce Month
Deciding to divorce is difficult enough for couple, especially those with children. For this reason, many couples choose to postpone their divorce until after the holidays have passed, which makes January a month with some of the highest divorce rates in Tennessee, according to ABC News. But getting divorced in January may not be the…
Read MoreDon’t Leave Your End of Life Decisions for the End of Your Life
The world has shared the agony of Nelson Mandela’s family members as they struggle with the difficult choices that accompany the end of life. Any decision they make will come under the public spotlight, and absent written instructions, the choice is theirs to make. Although not much is known about Mandela’s condition, the media is…
Read MoreWhat Is Collaborative Law?
Generally speaking, collaborative law is a form of alternative dispute resolution, and is a relatively new way of protecting legal clients’ needs. Instead of fighting a battle in a courtroom, two parties agree not to litigate, and instead allow their lawyers to serve as advocate partners. Its success in resolving conflicts in the areas of…
Read MoreCollege Funds and Divorce: The 529 Investment Plan
Divorce can often be hardest on your children. When you are drafting your divorce settlement, it is a good idea to provide for your children’s educational future in order to avoid conflict and confusion further down the road. In Tennessee, contributions to a college fund must be specified by a court order and voluntarily agreed…
Read MoreA New Tennessee Law Criminalizes Mothers who Abuse Drugs During Pregnancy
A Tennessee law that went into effect on July 1, 2014, would allow a woman to be charged with assault for the harm her drug use has inflicted on her child. State officials thought that this was the best course of action to stem the tide of infants born dependent on drugs. On July 8th,…
Read MoreCan You Really Be Charged with DUI When You are Not Driving Your Car?
In Tennessee, the short answer is yes. Let’s say, for example, you are riding as a passenger in your car while someone else is driving, and that person has had too much to drink. If the police pull the car over because the driver has been swerving or driving erratically, and they charge the driver…
Read MoreNew Texting Gun Would Catch Drivers Texting Behind the Wheel
Texting while driving is a threat to safety on the road that is growing more and more significant as more people think that they can get away with texting behind the wheel, according to the National Highway & Traffic Safety Administration NHTSA website distraction.gov. Texting behind the wheel causes more impairment than drinking and driving.…
Read MoreWhat 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…
Read MoreSpousal Support 101: Understanding Alimony in Solido
There are four categories of spousal support in Tennessee; alimony in solido, however, is a bit different from the rest of them. Often called “lump sum” alimony, this form of spousal support is the only one that: Can be paid all at once Can be paired in addition to other forms of alimony Does not…
Read MoreCustodial Interference vs. Denying Visitation Rights
A Tennessee woman made headlines in Arizona recently when she and her daughter were founded at a women’s shelter. The news stories claimed that the daughter was “reunited” with her father, and that he’s pressing charges of custodial interference. Custodial interference falls into the same part of the Tennessee Criminal Code as kidnapping, but they’re…
Read MoreImplied Consent and Breathalyzer Tests
When you are stopped for an alleged drunk driving charge, one of the first things the police officer asks you to do is to submit to a Breathalyzer (or Alco-Sensor) test. The question comes up constantly: Am I required to take the test, and what are the consequences of refusing? The short answer is no:…
Read MoreIn Tennessee, a DUI Requires a Motor Vehicle
In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes: Riding a lawnmower Riding a motorcycle Riding a moped Driving a car or truck Riding a scooter Driving an ATV Driving…
Read MoreTennessee Requires Ignition Interlock Devices for All DUI Offenders
In 2013, a drunk driver killed Tennessee Titans player Delanie Walker’s aunt and uncle. So, it’s no surprise that he was front and center at a press conference singing the praises of Tennessee’s new ignition interlock device law. The new Tennessee law that went into effect on July 1, 2013 allows DUI offenders a chance…
Read MoreSimple Assault v. Aggravated Assault
When the Tennessee Bureau of Investigation put together its last report, they discovered that 57% of all crimes in Tennessee are committed against property. Theft and fraud top the list, though vandalism and arson make appearances as well. But from an individual standpoint, there were more cases of assault and aggravated assault than any other…
Read MoreAnswers To Your Frequently Asked Questions About Child Support
The rules regarding child support in Tennessee are pretty solid – but that doesn’t mean that the laws don’t change. As family lawyers, we know you have questions, and often those questions are the same from family to family. So we thought we should address some of the more common queries you have, to give…
Read MoreTennessee is Number One – And it’s Not Good
The reports are out from the Federal government, and Tennessee hasn’t fared so well. Our great state is number one, alright – number one in violent crimes. Turns out, the Volunteer State hasn’t been doing such a great job living up to its charitable name. According to the report, Tennessee ranks highest in the areas…
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