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Determining Finances – Navigating the Elements of Child Support

July 25, 2024

by admin Child Support

Introduction

There are many factors to account for when determining Child Support between two parents. The court will look at things like annual income, the number of children, the child’s relationship with the parent, which parent is the custodial parent, or other similar factors listed in the Child Support Guidelines. Custody is also another factor the courts consider, and it may be the most important one. In a divorce you may be able to split the home value, assets, or other property, but you can’t split your children. Here in Tennessee, both parents are expected to care for and participate in their minor child’s life, mentally, physically, and financially, until they reach the age of majority.

Process of Petitioning for Child Support

To file for Child Support, paternity must first be established. This is because Child Custody and Support in Tennessee will always encourage both parents to take an active role in their child’s life, and determining paternity ensures the child will form a bond with their ‘natural parentage’. Once paternity has been established, you can file a petition with your local Juvenile or Chancery Court. The court will schedule a hearing, with notice of service to the other party as required per Local Rule 4. There, you and your child’s other parent must make a case for and against the petition. You and your co parent may reach an agreement without using mediation or vicious court battle, making the process smoother and simpler for you, however that is not the common case.

Factors That Affect Child Support Determination

There are numerous factors that contribute to how Child Support is determined in Tennessee, but the most important ones are, but not limited to:

The number of children being supported – One factor listed is the number of children the paying parent is financially supporting.
How much parenting time each parent has – Another, very important factor, is custody, and how much parenting time each parent has. The less time a parent is caring for the child, the more the parent is required to pay.
The age of the child(ren) – If your kids are younger, there are additional expenses such as diapers and daycare parents have to worry about.
Each parent’s separate monthly income – Each parent’s separate monthly income is an important factor in terms of actual financials. If the primary custody parent makes less, but cares more for the child, the alternate custody parent will end up paying more in Child Support. If the alternate custody parent makes more, but cares for the child less, then they will have to pay more in Child Support.
Child Care expenses – Childcare expenses includes food, housing, toys, clothes, etc. This factor covers each possible expense for a child
Medical expenses – Medical expenses may include pediatrics, dental, optometry, and other medical visits. If parents do not have insurance or insurance does not cover everything, the uninsured remaining balance will be split between the parents according to their permanent parenting plan
Educational and extracurricular expenses – This factor mostly pertains to older children in sports and other extracurricular activities and how parents are to split payment, or children who may attend private schools or take private lessons.

There are deviations from time to time, case specific details that alter the outcome of the proceeds, like a parent with an unusually high income, or parents who live far away from one another. Those kinds of details will affect the case tremendously, and should be presented to the court regardless of if it benefits you or not. Being honest and open with the court may open doors for you later in the case.

Why Is Custody So Important

Custody, alongside the gross monthly income of parents are the two biggest deciding factors in Child Support cases. The more you make, the more you pay. In any custody case, a Permanent Parenting Plan, or PPP, is drafted. In this PPP, you and your co parent will designate times and days in which each of you will have your child(ren), which parent will pick up and drop off the child, which parent is responsible for medical visits, and other things of similar nature. The PPP will also designate the ‘Primary Residential Parent’ (PRP) and the ‘Alternate Residential Parent’ (ARP). The PRP is the parent with the most time spent caring for the wellbeing of the child, while the ARP is the parent who spends less time caring for the wellbeing of the child. Even counting the amount of money each parent makes, the ARP will always pay the PPP, never the other way around. The less time you spend with the child, the less you are caring for them, and thus the less you are spending on them.

Enforcing Child Support Orders

There are a couple ways to enforce an issued Child Support order, even if the ARP is unwilling. If a parent is unwilling to pay the designated child support obligation, you should first file a Motion to Compel, if you are in an active court case. If you are not, you should report the delinquent parent to DHS, so that they may go through the proper channels and enforce the order. Some common financial penalties include:

Wage Garnishment
Seizing invested assets
Intercepting Tax Returns
Placing liens on properties
Seizing bank accounts

These actions are made in an attempt to force the ARP to pay their Child Support Obligation. Other penalties include revoking driver’s license or short jail time, however those are more serious punishments for delinquent parents who have not paid their child support for a long time, or for multiple children.

Conclusion

Child Support is determined according to factors set forth in Tennessee Code Annotated § 36-5-101. Among those factors, custody and income are the biggest and most important. Child Support is vital and necessary when raising a child, it ensures the child will be properly cared for, and ensures they will get everything they need. The process of obtaining child support may be difficult sometimes, but it’s worth it in the end, because it’s for your kid. If you need help filing or modifying your child support order, contact our office today. Our attorneys have years of experience and look forward to working with you!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Are You A Criminal? – A Look Into Civil and Criminal Contempt

July 24, 2024

by admin Contempt

What Is Contempt?

Contempt is the willful obstruction of justice, whether that be in the form of disobeying court orders, directly or indirectly, any action that hinder an investigation, disrupting proceedings, blatant disrespect or defiance to the Judge or Magistrate. There are two types of contempt, civil contempt and criminal contempt, and depending on the severity of the contempt of court, the punishment will vary, from fines to jail time.

Civil Contempt

Civil contempt is a far easier crime to commit. Civil contempt occurs when someone fails to comply with a court order that benefits a private party, i.e. child visitation and child support, restraining orders, or delaying the submission of evidence. If a situation like this arises in your case, your lawyer may file contempt of court against the opposite party, and vice versa. Contempt of court does not have the goal of punishing the contemnor but rather compliance of the court order(s). To establish contempt of court, there must already have been a court order served to the other party, and you must prove that failure to comply with the court’s orders was willful. Civil Contempt is easier to prove as it does not have to be proven “beyond a reasonable doubt,” unlike criminal contempt. Once you or the other party complies with the court order, the contempt will be “purged” and the case may continue. In a worst case scenario, the court determines compliance is no longer feasible, and you may be fined or imprisoned for a short time. In some cases, the court may issue a warrant for the contemnor’s arrest if other sanctions have failed to achieve compliance.

Criminal Contempt

Criminal Contempt is blatant disregard of the court and its procedures. Criminal contempt involves actions that directly interfere with the administration of justice or defy the authority of the court itself. Any disrespect of the court, the magistrate or any other judicial officer can result in criminal contempt. The two types of criminal contempt are direct contempt and indirect contempt. Direct criminal contempt occurs when disruptive behavior or disrespect happens in court, such as being verbally abusive to the judge, refusing to follow court decorum, or being physically disruptive at proceedings. Indirect criminal contempt involves behavior outside the court that still obstructs justice or disrespects the court and its decisions, such as disobeying a court order or violating a gag order. The purpose of criminal contempt is to uphold the authority and dignity of the court system and to ensure that judicial proceedings can continue without disruption. It also intends to maintain respect of the court and legal procedures. Criminal contempt should be based on the objective standard of whether the conduct in question disrupts or obstructs the administration of justice, rather than focusing solely on the impact on specific individuals involved in the case. Committing criminal contempt of any kind has its penalties, from fines to brief jail time. If you’ve committed direct contempt of the courtroom, the judge has the authority to fine you, throw you out of the courtroom, or even imprison you. Because there are more severe punishments when having committed criminal contempt, it must be proven beyond a reasonable doubt that the contemnor has willfully engaged in the actions.

Compare & Contrast

In both situations, the contemnor must be served proper notice according to Local Rule 4: Civil Procedures. In any legal case, a person must be served notice, otherwise the litigant process is null and void as the prosecuted person may claim no knowledge of the case. You can only commit civil contempt in your own case, however any person in a courtroom can commit criminal contempt. Unlike civil contempt, criminal contempt cannot be purged or expunged, and it goes permanently on your record. Aggravated criminal contempt will put you in jail longer, but the average jail time of someone who has committed criminal contempt is no more than 6 months.

Conclusion

Regardless if you have committed contempt yourself, or if you want to file a motion against someone for contempt, civil or criminal, it’s all avoidable. The key is self control and emotional regulation. Following court orders to the best of your ability will help your case, showing the bench you are willing to try and are open to their opinions and rulings. Contempt serves as a crucial mechanism for maintaining order and respect within the court system. It underscores the importance of adherence to court rules and orders, as well as the principles of justice and fairness in legal proceedings.

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Inside the Maze – A Guide to Conservatorship and It’s Foundations

July 24, 2024

by admin Conservatorships

What Is Conservatorship?

Conservatorship is a special title that grants custodial duties or guardianship over one person to another. Though usually given to those who are considered incapable of making their own decisions, like the sick or elderly, it is also used in specific custody instances. Conservators must always act in the best interest of the conservatee, considering their personal preferences and wishes whenever possible. There are two types of conservatorship, conservatorship over person or estate. Conservatorship of a person pertains to making decisions regarding their care and welfare, personal necessities, and other important aspects. It is taking care of and watching over the welfare of another, making sure they are of sound body and mind. Conservatorship of the estate involves more financial responsibilities like managing income and assets or maintaining land and property.

What Are The Responsibilities Of Someone With Conservatorship?

The responsibilities of any conservator, no matter the type of conservatorship includes managing finances and assets, watching over and maintaining the wellbeing of the conservatee, keeping open communication with the court about the conservatee’s status, the actions taken by you to maintain the wellbeing of the conservatee, any changes in the circumstance of the conservatee, etc. If you have conservatorship of a person, more responsibilities may include housing, medical care, nutrition, clothing, and bathing. Conservatorship of a person can be over a minor in need of guardianship or over the elderly who can no longer take care of themselves. Conservatorship of the estate may include more responsibilities such as paying bills, managing income and assets, and making investment decisions.

How To Earn Conservatorship?

Conservatorship is a large responsibility, one that can only be awarded to you through a court process. It is not a responsibility you can take lightly, nor should you, were you to find yourself in such a position. If you need more resources about Conservatorship, check out this County Clerk Conservatorship Packet for more information! Conservatees are typically older individuals, those with mental disabilities or delays, or due to their age. Conservatorship is earned through a process of petitioning the court. You must submit a petition of conservatorship to the appropriate court, and give notice of service to any family members of the future conservatee or anyone else who may want to contest the conservatorship or petition themselves. When the petition has been officially filed, the court will appoint an evaluator who will determine the situation of the conservatee, what their living situation is like, how they handle taking care of their own daily responsibilities. The evaluator is an unbiased 3rd party who will form their own opinion on whether or not they think conservatorship is necessary. After the evaluator has learned the necessary information and forms their opinion, the court will have a scheduled hearing where you will present your case, including information on you, your relationship with the conservatee, how conservatorship may benefit the conservatee, etc. Family members may contest the conservatorship, but follow the factors set forth in Tennessee Code Annotated § 32-4-101. They may also petition themselves to be the conservator and must also supply the same information as you. After any and all petitions, and after the evaluator has given their opinion, the court will dismiss the parties’ and examine the case to make the best possible decision for the conservatee. The appointed conservator will have full legal authority over financial matters and personal matters of the conservatee. A conservator is required to periodically check in with the court about the status of the conservatee.

Conclusion

After the court proceeds, the conservator still has responsibilities with the court pertaining to the conservatee. Exact processes and legalities may differ by county or state regarding both conservatorship itself, as well as the court process to obtain it. Because conservatorship limits the conservatee in regards to personal choice, it is only applied in very serious cases when deemed absolutely necessary. Tennessee law encourages the use of less restrictive alternatives to conservatorship, such as powers of attorney, trusts, or supported decision-making agreements, whenever possible. The goal of conservatorship in Tennessee, as in other states, is to protect the best interests and well-being of individuals who are unable to manage their own affairs due to incapacity.

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Navigating Relocation – Legal and Practical Consideration

July 24, 2024

by admin Relocation

What is Relocation?

Only when there is split custody between parents can relocation happen. It is “if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state,” the relocating parent is required to notify the other a minimum of 60 days before the planned move, per Tennessee Annotated Code § 36-6-108. Not only that, but the official notice must also contain the determined location of the new residence, why you’re moving, and a blank form for the other parent to sign if they consent to the move and possible modifications of your pre established parenting plan. If the other parent consents, the two of you can move forward together and modify the parenting plan to adjust to the move. If not, you can take it to family court, and petition the court to approve your move without the consent of the other parent.

What determines the Court’s decision?

If you do have to go to court for approval, they are going to look at multiple factors, and respond according to what is best for the child. The age and developmental of the child, the impact the move would have on education, if the move would benefit the life of the child, whether financially, emotionally, or educationally. Other things, like if the child is considered old enough, at least 12, the court might ask them what they want to do. What’s the relationship like with both parents? Why are you moving? According to factors like these, the court will choose to approve your move or not.

What Happens After The Court’s Decision?

If the court approved your petition, you may go ahead with your plans of moving. There will be debate and possibly mediation between you and the co-parent about modifying the parenting plan to fit the new distance and schedule, but no legal trouble past that. However if the court denies your petition, you can continue petitioning or drop the case. The court’s decision is not legally binding, so if you choose to, you may relocate even if they decide against it, but you will get the short stick of the new, court modified parenting plan. The children will stay in the previous county or town, and if you had primary guardianship, you will lose it to the other parent. If there were to be future legal proceedings, relocation after a failed petition would not make your case look good. If you choose to continue petitioning, you must find undeniable proof of the benefit the move would have to the child, or prove that your previous reason was valid. In the case of Mann v Mann (2009), the court had denied a mother’s petition to move to Knoxville, TN from Nashville, TN, stating that because the father had provided “emotional developmental support” and a “nurturing environment for the children”, that to move them 3 hours away would have caused “specific and serious harm”. However, the mother kept up with her petition, and proved to the court that the harm would be specific, it would not be serious, or serious enough the children’s psyche would not repair afterwards. So, after she was initially denied, she was later approved and moved to Knoxville with the children, as she was the primary caretaker.

Conclusion:

Relocation is a very specific law in child custody cases, as it does not happen too often. I and when cases like this occur, it is best to work with your co-parent to reach a mutually beneficial decision, as to avoid court procedures and expenses. If the two of you cannot, and you think there is no other option, then pursue legal action, if you feel it is best. Keep in mind, the court isn’t there to help you decide what;s best, it’s there to help decide what’s best for the child.

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A Constitution for Parents – A Deep Dive of Parenting Plans

July 24, 2024

by admin Parenting Plan

What is a Parenting Plan?

A parenting plan is a comprehensive document that breaks down how parents are to share childcare responsibilities including but not limited to:

Child’s day-to-day schedule
Holiday schedule
Schedule for school breaks
Location for child exchanges
Decision-making parent for education, non-emergency health care, religious upbringing and extracurricular activities
Child support
Federal Income Tax Exemption
Exchanging information about each parent’s income
Exchanging information about each parent’s work-related childcare expenses
Health, Dental, Vision and Orthodontic coverage for the child
Life Insurance on the life of a parent to benefit the child
Processes for dispute resolution among the parents
Statutory Rights of each parent
Statutory Requirements for Parental Relocation

and more!

Understanding the Elements of a Parenting Plan

Child’s day-to-day schedule – This section outlines a child’s schedule with each parent. For example, “Father shall have responsibility for the care of the child except that Mother shall have the child from Friday pick-up from school or daycare (6 pm if a non-school day) to Sunday at 6 pm every other weekend.”
Holiday schedule – This section outlines when a child will be with each parent during certain holidays. For example, a child may spend Labor Day with Mother in odd-numbered years and with Father in even-numbered years.
Schedule for school breaks – This section outlines which parent the child will spend time with during school breaks such as Spring Vacation, Fall Vacation and Winter Vacation. For example, a child may spend Fall Vacation with Mother in odd-numbered years and with Father in even-numbered years.
Location for child exchanges – This section sets forth where the parents will exchange the child. For example, “The parties shall exchange the child at McDonald’s at 123 Main Street, Nashville, TN.”
Decision-making parent for education, non-emergency health care, religious upbringing and extracurricular activities – This section outlines which parent will make important, non-emergency decisions about the child. Commonly, parents split this responsibility between one another as they have a large and lasting effect upon the child.
Child Support: If necessary, the court will allocate funds from one parent to the other for child expenses. This aspect is extremely case dependent and relies on the parents previous actions and financial situation. Expenses may be school extracurriculars, groceries for the child, medical expenses, and/or other things of that nature.
Federal Income Tax Exemption – This section determines which parent will claim the child in tax documents, and when. For example, “Mother will claim child as dependent in even-numbered years, and Father will claim child as dependent in odd-numbered years”.
Exchanging information about each parent’s income – This section outlines the necessary exchange of information regarding the other parent’s income, for the purposes of tax, insurance, and the like.
Exchanging information about each parent’s work-related childcare expenses – This section breaks down which parent will insure the child, for how long, and through what agency.
Health, Dental, Vision and Orthodontic coverage for the child – This section outlines what the insurance covers, and how the parents divide the uncovered expenses
Life Insurance on the life of a parent to benefit the child – This section determines if there is life insurance, and what will happen to it in the event of a death of a parent
Processes for dispute resolution among the parents – If parents cannot reach agreement on child care decisions, they go through the resolution process, which outlines the order in which a dispute should be resolved between parents. Mediation, with or without a neutral 3rd party will hopefully solve the disagreement, however if that fails, then the court or judge will reach a neutral verdict.
Statutory Rights of each parent – Any parent regardless of gender has statutory rights over their child. These rights include but are not limited to; unimpeded phone calls, mail to and from child, notice to important information, the right to receive information about the child’s education and extracurriculars, medical notice, etc.
Statutory Requirements for Parental Relocation – This section pertains to the legal procedure a parent with custody must go through if they plan to move more than 50 miles away from the other parent, or out of state.
Communication Plan: A communication plan is a guideline for parents to effectively communicate with one another about the child via phone calls, text messages, or email.
Parenting Time Schedule: Parenting time schedules decide how long the child will stay at one or the other parents homes. If the custody is 50/50, parents will usually exchange the child with one another every few days, or even every week or two weeks. Beyond that, parenting time is case dependent.
Transportation Arrangements: It clarifies when and where parents would make an exchange of the child, and if needed, elaborates on payment for long distance transportation.

Who Needs a Parenting Plan?

In the State of Tennessee, a parenting plan is a required document for any custody action, for either parents in the midst of a divorce or parents who’ve never been married to one another.

How is a Parenting Plan Created?

The court encourages parents to reach consensus together and form a parenting plan, however if that is not attainable, mediation with a third party may be the best next step to reach an agreement on a parenting plan. If the parties cannot agree, a magistrate or judge will set a permanent parenting plan both parties’ must follow, based on the best interests of the minor child as determined by the custody factors set forth in T.C.A. §36-6-106.

Can a Parenting Plan be Changed?

Once a parenting plan is in place, it can be changed upon the filing of a petition to modify the parenting plan. The court has to find that there has been a “material change in circumstances” since the entry of the last parenting plan. According to the court opinion in “Hindiyeh v Abed (2020)”, “A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody”. In this instance, the Father presented material change as both parties’ new equal income. The mother had a pay raise, and now that they made similar incomes, the Father argued for 50/50 custody and a decreased obligation in child support. The Court approved this appeal, and granted both requests. Only when material change is determined, will the court adjust parenting plans, applicable to the factors set forth in T.C.A. §36-6-106.

Conclusion

Parenting plans are clear, direct guidelines on how both parents should operate with one another regarding their child. They are extremely helpful in avoiding confusion and conflict with the other parent, and can help benefit you and your child by making things regarding their care simpler. A comprehensive document with many parts, parenting plans break down each potential aspect of coparenting and set precedence for your future actions. If you need to alter your current parenting plan, or are currently in need of a new one, consider giving our office a call! With many years of experience, our attorneys will commit to helping you in any way we can. We work closely with each client to understand their unique circumstances and to explain things that the Court tends to focus on.

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“New Name, Who Dis?” – What Changing Your Name Looks Like In Tennessee

July 24, 2024

by admin Name Change

Why Change Your Name?

There are a handful of reasons to change your name, and where you go depends on why. Commonly, name changes are for the happy newlyweds, wives taking their husband’s last names till death do them part. Women have been taking their husband’s last name since all the way back to the 15th century! Divorce or other reasons such as preference, personal identity, or religious reasons.

Marriage or Divorce:

For marriage or divorce, the process is pretty much smooth sailing. You will take your marriage certificate or divorce file with you to the SSA office, where you will fill out an SS-5 form, (aka) a request for a new social security card. When those are turned in and your new card with your new name is issued, you can take it to the DSC/DMV and issue yourself new identification cards. Prices range from $18-$28 per card. Of course, there is no legal requirement for you to change your last name when married, in fact, almost 20% of women don’t! It wasn’t until the 1970’s that states across the country started implementing laws to make it easier for women to keep their surname.

Gender-Confirming or Other Personal Reasons:

The process for personal and other reasons are a bit more difficult. You start at the local chancery court clerk. There, you will request an Adult Name Change form, where you will fill out necessary information, as well as why you are changing your name. When you finish filling out any paperwork, you will drop it off at the same place with a cashier’s check of anywhere between $160-215, making sure to bring all the official documents with you! Once that is done, you will wait for your court hearing, which takes up to 4 weeks after your initial petition submission. You’ll be sworn in so the presiding judge or magistrate can ask you questions, mostly pertaining to things like debts and identity, to ensure you are not changing your name to evade the law. If your petition is granted, an order for a new birth certificate will be issued with the new name. After that, the hardest part is done. All you have to do now is take your documents with you to the SSA office to order a new social security card, then you can go to the DSC/DMV to order new Identification cards. Prices are about the same, ranging anywhere from $18-$28 per card.

Extra:

Remember: You need all official documentation, no copies!

Remember: If you are changing your name to something more gender-affirming, in the state of Tennessee, you cannot yet change your sex on your birth certificate, even if you’ve had gender-reassignment surgeries.

Remember: Under T.C.A 68-3-203, if you request to change the name on your birth certificate, “the state registrar shall amend the certificate of birth to show the new name,” notice ‘amend’ rather than ‘replace.’ Here in Tennessee, to amend your birth certificate, the birth name will be slashed out, with your chosen one above it.

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The Voice of a Child: The Guardian Ad Litem’s Role Explained

July 23, 2024

by admin Child Custody

In legal matters involving children, particularly in Tennessee, the role of a Guardian ad Litem (GAL) can be crucial. Whether you’re navigating through a divorce, child custody battle, or another issue where the interests of a child are at stake, understanding when and why to involve a GAL is essential.

What is a Guardian Ad Litem?

A Guardian Ad Litem is a licensed attorney appointed by the court to represent the best interests of the child in legal proceedings. Their primary responsibility is to independently investigate the circumstances of the case, gather relevant information, and make recommendations to the court based on what they believe to be in the child’s best interests pursuant to the Tennessee Code Annotated §34-1-107.

When is a Guardian Ad Litem Necessary?

– Child Custody and Visitation Disputes: In cases where parents are unable to agree on custody arrangements or visitation schedules, a GAL may be appointed to assess the situation and make recommendations to the court.

– Neglect or Abuse Allegations: If there are allegations of neglect or abuse involving a child, a GAL can investigate these claims to ensure the child’s safety and well-being.

– Divorce Proceedings: During divorce proceedings, especially when custody of minor children is contested, a GAL may be appointed to provide an unbiased assessment of what would be best for the child.

– Termination of Parental Rights: In cases where termination of parental rights is being considered, a GAL may be appointed to advocate for the child’s interests and ensure their voice is heard.

Why Involve a Guardian ad Litem?

– Objective Perspective: GALs are trained to focus solely on the best interests of the child, providing an impartial viewpoint that can sometimes be lost in adversarial legal proceedings.

– Investigation and Advocacy: They have the authority to investigate the child’s circumstances, interview relevant parties, review documents, and gather information crucial to making informed recommendations.

– Representation: GALs ensure that the child’s voice is heard in court, even if the child is too young to express their preferences directly. It’s important for all parties to understand that a GAL is not an attorney for the child but rather an advocate for their best interests.

Legal matters involving children can be emotionally complex, in Tennessee, a Guardian Ad Litem serves as a critical advocate for children, ensuring their welfare remains paramount throughout legal proceedings. Whether you’re considering divorce, facing custody disputes, or dealing with allegations of neglect or abuse, understanding when a GAL is necessary can significantly impact the outcomes of your case.

If you are unsure whether your case needs a Guardian Ad Litem, consulting with a qualified family law attorney can provide clarity and guidance according to your circumstances. Remember, the goal is always to prioritize the well-being and best interests of the child, and a GAL plays a pivotal role in achieving that goal within the legal framework.

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Exploring the Criteria for Child Custody Decisions

July 23, 2024

by admin Child Custody

Child custody battles are often emotionally charged and complex legal proceedings where the best interests of the child take precedence. In Tennessee, courts follow specific guidelines and consider various factors to determine custody arrangements that serve the child’s welfare and development. Understanding these factors is crucial for anyone navigation the custody process in the state.

1.) Best Interests of the Child

Central to Tennessee’s approach to child custody is the concept of the child’s best interests. The principle guides all decisions regarding custody, visitation, and parenting plans. The court evaluates each case individually, taking into account numerous factors to ensure that the child’s physical, emotional, and developmental needs are met.

2.) Primary Caregiver

One significant factor courts consider is the role of each parent as the primary caregiver. This includes assessing who has historically taken care of the child’s daily needs, such as feeding, bathing, education, and medical care. The court may favor the parent who has been more actively involved in the child’s upbringing.

3.) Child’s Preference

If the child is old enough and mature enough to express a preference, typically around the age 12 or older, the court may consider the child’s wishes regarding custody arrangements.

4.) Parental Fitness

The court assesses each parent’s physical and mental health, as well as their ability to provide a stable and nurturing environment for the child. Factors such as history of abuse, substance abuse, criminal history, and overall parenting skills are taken into account to determine parental fitness.

5.) Emotional Bond:

The emotional bond between the child and each parent is another crucial factor. Courts consider the strength of the emotional ties and the ability of each parent to foster a positive emotional relationship between the child and the other parent, promoting healthy family dynamics.

6.) Co-Parenting Ability

A parent’s willingness and ability to cooperate with the other parent in matters concerning the child’s upbringing are significant. Courts favor parents who demonstrate a willingness to encourage a relationship between the child and the other parent who can effectively communicate and make joint decisions in the child’s best interests.

7.) Stability and Continuity

Maintaining stability and continuity in the child’s life is essential. The court considers factors such as the child’s current living arrangements, school and community ties, and the potential impact of a custody change on the child’s routine and well-being.

8.) Relocation Plans

If one parent intends to move a significant distance that would affect the child’s relationship with the other parent, the court evaluates the reasons for the move and how it would impact the child’s best interests. Plans for maintaining the child’s relationship with both parents after relocation are carefully scrutinized.

9.) Domestic Violence or Abuse

Any history of domestic violence or child abuse significantly influences custody decisions. The court prioritizes the safety and well-being of the child and may restrict or deny custody to a parent with a history of abusive behavior.

10.) Financial Stability

While not the primary factor, the financial stability of each parent is considered, especially concerning the ability to provide for the child’s basic needs, education, and overall quality of life.

Navigating child custody proceedings in Tennessee involves a thorough consideration of multiple factors aimed at protecting the best interests of the child. The court’s decision is based on a comprehensive assessment of each parent’s ability to provide a loving and supportive environment conducive to the child’s growth and development. Understanding these factors is crucial for parents seeking custody or visitation rights, ensuring they can present their case effectively and advocate for their child’s well-being. Ultimately, Tennessee courts prioritize creating custody arrangements that foster the child’s happiness, security, and overall welfare.

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Probate Essentials: Distinguishing Between Solemn and Common Practices

July 23, 2024

by admin Probate

Probate is a legal process that occurs when someone passes away involving the administration of their estate. Depending on the circumstances and laws of the jurisdiction, probate can be classified into different types, with “common” and “solemn” being two primary categories. Understanding the distinctions is crucial for anyone involved in estate planning or facing the complexities of probate proceedings.

Common Probate

Common Probate, also known as informal probate, refers to a simplified or streamlined process for estates that meet certain criteria. The specifics can vary by state and even county, but common features include:

– Less Court Oversight: Common probate involves minimal court supervision compared to solemn probate. This means fewer formal hearings and less stringent requirements for documentation.

– Affidavits instead of Hearings: Executors or administrators may use sworn statements (affidavits) to verify certain aspects of the estate, such as the validity of the will and the appointment of the executor.

– Simplified Process: The process is streamlined, making it quicker and more cost-effective. This is advantageous when the estate is small, debts are manageable, and there are no disputes among beneficiaries.

– Appropriate for Small Estates: Common probate is often used for smaller estates where the total value of assets is below a certain threshold by Tennessee law. This value, in Davidson and Sumner, is capped at 50,000. This means that if your total estate, or all of your assets combined is less than 50,000, it qualifies as Common probate.

Solemn Probate

– Court Hearings: Formal probate involves regular court appearances where the judge oversees the administrations of the estate. This ensures that all legal requirements are met and any disputes are resolved under judicial guidance.

– Detailed Documentation: The personal representatives appointed (executors or administrators) must file comprehensive inventories, appraisals, and accountancy with the court. These documents provide transparency and accountability in managing the estate.

– Complex Estate Matters: Solemn probate is suitable for estates with substantial assets, complex financial arrangements (such as business interests), or when there are disagreements among heirs or beneficiaries.

– Judicial Oversight: The court closely monitors the entire probate process to protect the interest of all parties involved, including creditors and beneficiaries, and especially the decedent.

Choosing Between Common and Solemn Probate

Deciding whether to proceed with common or solemn probate in Tennessee depends on several factors:

– Estate Complexity: If the estate is simple, with clear beneficiaries and minimal debt, common probate may suffice.

– Contested Issues: If there are any disputes over the will’s validity, concerns about asset distribution, or complex financial arrangements, solemn probate provides a structured process to resolve these issues.

– Time and Cost: Common Probate is typically faster and less expensive due to fewer court hearings and less documentation. Solemn probate, while more rigorous, ensures thorough compliance with legal requirements but may incur higher legal fees.

Navigating the probate process in Tennessee requires understanding the distinction between common and solemn probate. Whether you are planning your estate or handling affairs of a loved one, consulting with one of our knowledgeable probate attorneys can provide clarity and guidance for your specific circumstance.

Empowering Guardianship- Supporting Your Loves Ones with Care

July 23, 2024

by admin Guardianships

Guardianship is a legal relationship where one person (“the guardian”) is granted authority by the court to make personal and/or financial decisions for individuals under the age of 18 (“the ward”) who is unable to make those decisions themselves. In Tennessee, guardianship is a serious responsibility that involves ensuring the well-being and protection of individuals who have not yet reached the age of majority. Here’s a comprehensive overview of Tennessee guardianship, including types, procedures, and things to consider.

Types of Guardianship in Tennessee

In Tennessee, guardianship is categorized into two main types:

1.) Guardianship of a person: This type of guardianship grants authority over personal affairs and well being of the ward. Responsibilities typically include decisions related to healthcare, living arrangements, education, transportation and other personal matters.

2.) Guardianship of the Estate: This type of guardianship involves managing the financial affairs and assets of the ward. Responsibilities may include paying bills, managing investments, and making financial decisions on behalf of the ward.

In some cases, one person may be appointed as both guardian of the person and the estate, while in others, separate individuals may be appointed for each role.

Procedures for Establishing Guardianship

The process of establishing guardianship in Tennessee involves several key steps:

1.) Filing a Petition: A petition for guardianship must be filed with the appropriate court. The petitioner, who is usually a family member or concerned individual, must demonstrate why guardianship is necessary and provide evidence of the ward’s incapacity.

2.) Evaluation: The court will appoint an evaluator, typically a physician or psychologist to assess the ward’s physical and mental state and their ability to make decisions.

3.) Court Hearing: A hearing will be scheduled where the petitioner presents evidence supporting the need for guardianship. The ward has the right to legal representation and may contest the petition if they disagree with the need for a guardian.

4.) Appointment: If the court determines the guardianship is warranted and in the best interest of the ward, a guardian will be appointed. The appointed guardian must then fulfill their duties responsible and report to the court as required.

Things to Consider:

1.) Less Restrictive Alternatives: Explore less restrictive alternatives to the guardianship such as powers of attorney or support decision-making programs, which allows individuals to retain their self autonomy.

2.) Legal Advice: Seek guidance from an experienced attorney who specializes in guardianship laws in Tennessee to navigate the complex legal process.

3.) Careful Decision-Making: Guardians must make decisions that prioritize the ward’s well-being and respect their wishes to the extent possible.

4.) Ongoing Evaluation: Guardianships are not permanent and may be reviewed periodically by the court to ensure it remains necessary and appropriate.

Tennessee guardianship involves understanding legal procedures, responsibilities, and the best interests of the ward. It’s a significant role that requires careful consideration and adherence to legal requirements. By approaching guardianship with compassion, responsibility, and legal guidance, guardians can effectively fulfill their duties and ensure the welfare of those unable to care for themselves.

If you’re considering guardianship in Tennessee, contact our office and consult with one of our experienced attorneys who can help you understand the specific requirements and responsibilities that must be addressed for the matter.