Step-parent adoption is a legal process allowing a step-parent to become the legal parent of a step-child. It is a decision with many benefits but requires a lot of thought due to the emotional and legal implications.
Re Ella H., No. M2020-00639-COA-PT
On January 13, 2021, my clients received a moral and legal victory. When the Court of Appeals overturned the parental rights termination refusal at trial. Before this, a judge shockingly ruled in favor of an absentee father. Below is a narrative about my Terminating Parent’s Rights Case.
I took this case in July 2018, intending to terminate the biological father’s parental rights. I thought it was a solid case. The reason I believe this is the biological father had not established paternity and never paid more than token support for the child. Further, he had not contacted the mother to see the child since she was seventeen months old. When the case began, she was three years old.
If you are paying or receiving alimony after January 1, 2019, you may question, “Is my alimony tax deductible? The short answer is that you will no longer be allowed to claim the alimony as income. Or list the alimony as a deduction on your taxes. Before January 1, 2019, the spouse receiving alimony could list it as taxable income. And the spouse paying alimony could list it as a deduction, but this is no longer true. This applies to all alimony orders entered after January 1, 2019. This new change in the tax law will not apply to any Orders for alimony entered before January 1, 2019.
When going through a divorce, you will hear property described as “marital property” and “separate property.” When it comes to inheritance and divorce, it is certain you will have questions. Generally, marital property are assets that were acquired during the marriage. If the property is deemed marital property during a divorce, then it will be subject to division by the court. Separate property can include property you owned before the divorce or a gift/inheritance acquired during the marriage. If something is deemed your separate property, then it will not be subject to division by the divorce court.
There may be many reasons you are considering disinheriting a child after you pass. The two of you may not have a good relationship, or maybe you feel that child is better off than the rest of your children. Therefore, you think the child does not need any part of your Estate. Whatever the reason, you can disinherit a child in your Last Will & Testament. If you want to disinherit one of your children, you must have a Will drawn up, or the child will not be disinherited.
Going to Court can seem scary to those who have never been. These tips teach you how to prepare for court and, hopefully, alleviate some of your fears.
What to Wear?
This is one of our clients’ biggest questions if they have never been to Court. When thinking about what to wear to Court, think of it as if you are going to a job interview. You want to show the Judge you respect the Courtroom and think this process is important.
A 2017 study of Americans published on Bloomberg.com cited that 25% of Americans ages 58-60 surveyed considered themselves in “poor” or “fair” health1. The study related to conservatorship and caring for disabled persons cited that 11% of this same age group suffered from some form of dementia or cognitive decline1. This age group falls directly within the demographic of “baby boomers”, those Americans born between 1946 and 1964. Current estimates establish that 10,000 baby boomers are retiring per day in the United States.
Many couples frequently inquire about the possibility of obtaining an annulment within the first few days or weeks of their marriage. They do not want to go through the divorce process. And they want to have their marriage annulled instead.
Amanda Crowell Attorney, Marriage Annulment, Married for Short Period
I often have a parent contact me to say the child’s other parent wants to give up rights to their child. Typically, it is because this parent wishes to stop having obligations to that child. Can a parent give up parental rights to a child? The answer is not a simple one. If a parent has established themselves as a child’s biological or legal parent, they cannot simply relinquish parental rights. Not wanting to support your child is not a valid reason.
Can a parent give up right to their child?, Termination of parental rights and adoption go hand in hand, Will giving up rights relinquish support & duty?
Recent revisions to the divorce laws in Tennessee require the courts to maximize each parent’s time with their minor children. Sometimes, the judge will determine a 50-50 parenting time division will accomplish this goal. However, there are many factors a judge must consider in determining a parenting schedule. The most important is that the plan is always in the child’s best interests.
A good divorce attorney can help you, Do I have to agree to divide parenting time?, Recent revisions to the divorce laws in Tennessee