Child Custody
What Makes a Parent “Unfit”?
In Tennessee, the fitness of a parent is a factor in custody decisions. It is also a factor in termination of a parent’s rights altogether. Termination of a parent’s rights usually arises in adoption proceedings. At the core, the Tennessee courts will hesitate to declare a parent unfit to take care of their child. They…
Read MoreFactors for Determining Parental Fitness in Custody Cases
In deciding how to assign legal and physical custody, judges always focus on what is in the best interests of the child. Generally, courts like to have parents share legal custody unless there are strong reasons why only parent shouldn’t have any legal custody. One parent is usually granted (primary) residential custody, and the other…
Read MoreAre You Certain That You Want Sole Custody?
Custody battles can bring out the worst character traits in people who are supposed to be fighting for the best interests of the child. Sometimes, parents get so caught up in their desire to win that they lose sight of the facts of what “winning” a custody battle really means. Are you sure that you…
Read MoreTips and Pointers for a Successful Child Visitation Weekend
One of the more complex points of your Tennessee divorce was probably determining your child custody schedule. Coming to agreement on something that works for both parents, and is also in best interest of your child or children, isn’t easy, and sometimes requires the help of a mediator or a divorce court. Typically, visitation schedules…
Read More“Bird Nesting” Child Custody in Tennessee
One of the most important and difficult issues that come up during a divorce is child custody. Divorcing parents must decide the terms for custody, whether it will be joint or sole custody, a schedule for parenting time, and they need to do it in a way that disrupts their children’s lives as little as…
Read More7 Missteps That Could Cost You Custody of Your Children
Not being awarded custody of your children, or losing custody of them, is easier than you think. The court’s priority is to make decisions in the best interest if the child. As a parent who desires to get custody of their child in a divorce, if you keep the child’s best interests – not your…
Read MoreParental Kidnapping and Family Law in Tennessee
This past May, a woman from Memphis temporarily lost custody of her young toddler son during a difficult divorce. In June, the woman was arrested in Michigan for kidnapping. But it gets worse. When she was found in a Dearborn, Michigan hotel room, not only was her son kidnapped, but so was the boy’s 30-year-old…
Read MoreDo Grandparents Have Visitation Rights in Tennessee?
Families can be complicated and, often, parents are not the sole caregivers to their children. Grandparents often have a special relationship with their grandchildren and, in many cases, might function as a parent or legal guardian to a child for some or most of their lives. In Tennessee, there are three specific statutes of family…
Read MoreSubstance Abuse & Your Kids: Child Custody Options in Tennessee
If you are the non-custodial parent in a Tennessee divorce case, you do have rights when it comes to the welfare of your kids. At the outset of your divorce, Tennessee Code Annotated Section 36-6-106 governs which parents will play what role. A parenting plan written and agreed to in good faith should be established…
Read MoreDrugs, Alcohol & Violence: How to Lose Child Custody and Visitation in Three Easy Steps
When it comes to making decisions about child custody in Tennessee, as in every state in the United States, the best interests of the child is the prevailing consideration. When a couple who have a child is divorcing, the court must decide which parent will be the primary residential parent, and which parent will have…
Read MoreWhat to do When Your Ex Denies Your Visitation Rights
During the divorce process you and your former spouse sat down and ironed out a parenting plan agreement, which contains a schedule for visitation for the parent who did not get primary residential custody. The Court reviews this document and refers to it when it issues the final custody order. The Tennessee Court as with…
Read MoreThe 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 MoreParental Relocation after Divorce in Tennessee — How to Do it Right
Sometimes after a divorce you want to shake off the drama and pain and make a fresh start in a new place. You might have received a promising job offer in another state that requires you to move more than 50 miles away from your ex-spouse or co-parent. Under Tennessee law, you must inform the…
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 MoreModernizing the Parenting Plan
Are you divorced with children? There’s an app for that. Actually, there are several apps for that. While divorce can be a difficult time for a family, technology makes it a little more simple. Modern technology can help minimize conflict and make it easy to communicate ― critical concepts after a divorce involving children. Establishing…
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 MoreTips for Successful Co-Parenting
When parents separate and divorce they remain connected through their children. Most parents retain a strong desire to remain active in the lives of their children even when the marriage ends. It is not always easy to co-parent with a former spouse, but doing so is in the best interest of your children. Here are…
Read MoreWhat Is the Difference Between Physical and Legal Custody?
Child custody is one of the mostly hotly contested issues in divorce. Even if you and your spouse have mutually agreed to separate and you are both able to cooperate on every other issue, you may disagree about who gets custody of your son or daughter. The court recognizes the importance of both parents in…
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