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Category: Amanda Crowell’s Blog

Terminating Parent’s Rights Case: Parental Rights Termination Refusal by Trial Judge. Later Overturned by the Court of Appeals.

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.

Court of Appeals, Terminate Parental Rights

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Inheritance and Divorce

My parents gave me money during my marriage; can I get that back in my divorce?

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.

Amanda Crowell Attorney, Divorce, Marital Assets

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Disinheriting a Child

What if I don’t want one of my children to get any part of my estate?

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.

Estate planning, Kane Law

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How to Prepare for Court

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.

Kane Law, Preparing for Court

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Conservatorships and Caring for Disabled Persons

A 2017 study of Americans published on 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.

Probate Law

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Relinquish Parent Rights: Can a parent voluntarily relinquish all rights to a child?

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?

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Do I have to agree to 50-50 parenting time with my soon-to-be former spouse?

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

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