I’m often asked if we are a state that requires joint custody in Tennessee. The answer is we are not.
However, we are a state that requires our courts to maximize parenting time between both parents. And in doing that, our courts must look at several factors, including those that affect the parents and children.
A We A Joint Custody State?, Maximize parenting time between both parents, Tennessee is not a joint custody state
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
In Tennessee, our Courts will enforce Pre-Nuptial Agreements only if they meet certain legal criteria.
As a divorce attorney, I see many battles fought over bank accounts, retirement accounts, and real estate owned before marriage. If you and your spouse’s names are on your bank account or real estate, it will be marital property.
Divorce is to late, Pre-Nuptial Agreements, Well-drafter Pre-Nuptial saves you $1000s
One of the most asked questions we are asked is, What is considered marital property? And What is considered separate property in Tennessee? Identifying marital and separate property is important in protecting your assets and finances.
Most anything you and/or your spouse accumulated during the marriage is marital. It doesn’t matter whether or not you kept it in a separate account. Or you didn’t put her name on the Deed, or his name is not on your Company 401k account. For the most part, if it was earned during the marriage (by either of you) – it is marital. And therefore, the Court can and will divide it.
Marital Property, Pre-nuptial and Post-nuptial agreements, Separate Property
Technically, we no longer use the words custody or visitation in Tennessee. A few years back, the statutes were changed. Now, the words Primary Residential Parent and Parenting Time replace those words.
However, the words are interchangeable.
Custody or Visitation, Permanent Parenting Plans, Primary Residential Parent
Sometimes, you just don’t care for your given name. And in those cases, your name can be changed with a one-time Court appearance. Below is information about legally changing your name in Tennessee.
A Petition For Name Change and a Court Order are required.
Under oath, before the Judge, your attorney will ask you questions about your desire to change your name. This is to ensure the jud you are not doing so to avoid debts or crimes. So long as the Judge approves your Petition in Wilson, Smith, or Macon Counties, your name can be legally changed.
After Court, you will receive a Certified Copy of your Order of Name Change. This document can then be delivered to the State. You will use this to update your birth certificate, driver’s license, and other documents reflecting your name.
If you are the custodial parent and choose to change your child’s name, that can also be accomplished with a Petition. Depending on the circumstances of your case, the Court may even allow you to change your child’s last name. Even without the adoption of that child by another parent.
Finally, a spouse often wants to return to a former name during a divorce. This can be accomplished in the Final Decree of Divorce, at the time of the divorce, or later. Your spouse can not legally stop you from returning your previous name, nor can he force you to give up his name.
If you have questions about legally changing your name in Tennessee, contact us at https://www.kane-law.com/contact-us/
Years ago, child support in Tennessee was based on percentages of the non-custodial parent’s income. You paid 21% of your income for one child, 32% for two children, and so on.
A few years back, the Tennessee legislature changed the child support formula. Child support now takes into consideration both parents’ incomes. It also considers the number of days each parent spends with the child. Plus, other children each parent may support, child care expenses, and health insurance expenses.
It’s a complicated formula.
Depending on each case, the Court can deviate child support upwards or downwards depending on the circumstances. For instance, 7% of a parent’s child support goes towards extra-curricular expenses. Many children participate in expensive extracurriculars. Therefore, this 7% simply doesn’t cover it. You must tell your attorney about these expenses, it could increase child support.
Who claims the children for tax purposes? Sometimes, the parties, through their attorneys, can agree on who may claim which child in any given year.
By law, however, the child support guidelines have a built-in calculation that is supposed to allow the custodial parent to claim all the children. There is little discretion as to who may claim the children. That discretion is left to the Judge in your case if the parties cannot agree.
Child Support will be paid in Tennessee until a child graduates from high school or turns 18, whichever occurs last. If you agree to pay longer than the law requires, you just formed a contractual agreement that a Judge can enforce against you.
If a child is disabled, child support may be paid past 18 years. The law allows you to present evidence of the child’s disability that may entitle the child to child support until age 21 and, in some cases, even longer.
If you have questions about child support in Tennessee, contact us at https://www.kane-law.com/contact-us/
Child Support, Support for a child with a disability, Taxes and Child Support
Your failure to abide by a court order can have dire consequences. You can be charged with contempt of court and be incarcerated by the judge.
Failing to abide by the Court Order is Contempt of Court.
Tennessee has two types of Contempt of Court – Civil and Criminal.
With Civil Contempt, you hold the keys to the jail. However, if you do what the Order says – such as pay your child support – the Judge may release you.
If you are being jailed with Criminal Contempt for failing to abide by the Court Order. A judge can jail you for 10 days for each violation.
There are defenses to Contempt. One defense is whether or not you willfully violated the Court Order in place. For instance, did you not pay your support simply to spite the other parent, or did you not pay it because you didn’t have a job and could not find one? You have to prove your defense to the Judge, and it will be up to the Judge to determine whether you are willfully in Contempt of Court.
Sometimes, your very behavior in Court can be considered Contempt. Although you may be upset in Court, the last thing you want to do is disrespect the Judge, another party, or the other attorney. Don’t raise your voice, don’t slam things, don’t slam doors, and don’t make inappropriate comments in the courtroom. A judge can deem that behavior contempt and punish you accordingly.
You should not take Contempt of Court lightly. There are certain defenses, but when served with a Contempt Petition, learn your rights. If you have questions about your rights, contact us at, https://www.kane-law.com/contact-us/
“You have the right to remain silent.” Everyone has heard those memorable words, the Miranda Rights, on any given cop or detective show.
Typically, they are being read by the star of the show as the wrongdoer is being stuffed into a cop car or otherwise being led to jail. More properly, the full recitation is known as your “Miranda rights,” named for the landmark case of Miranda v. Arizona. A case that guarantees a person to be notified of his right to an attorney before a custodial interrogation is conducted.
As in many things in life, the devil is in the details.
Many complain to their attorney that they weren’t “read their rights” upon arrest. The fact is that such rights need not be read in every case or every arrest. As noted above, the right to such a recitation is only invoked when a custodial interrogation occurs.
Think of any episode of NYPD Blue with Detective Sipowicz. Officers are permitted to ask questions of a person while still in the investigatory phase. While still trying to determine what occurred, whether a crime has been committed, and whether the person being questioned is a suspect.
As such, many incriminating statements may be made by a suspect without the right to being Mirandized, having ever attached.
Because there is no commercial break between when a lawful stop turns from an investigatory stop into a custodial interrogation. The applicability of Miranda Rights turns on the specific facts of each particular arrest.
If you have questions about Miranda Rights, contact us today.
incriminating statement, Miranda rights, Right To Remain Silent