Divorce Help in Memphis - FAQs
What if my spouse and I cannot agree on the parenting plan?
I am the custodial parent. Can I deny visitation?
I am the noncustodial parent. Can I deny visitation?
How is child support calculated?
What is the procedure for adoption?
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Rely on Richter & Rasberry to protect your interests and those of your family in the Tennessee court system. Contact us now to discuss your family law concern.
What if my spouse and I cannot agree on the parenting plan?
One or both of you can provide a temporary parenting plan to the judge, who can put this plan into effect until your divorce is final. If both parents give the judge a temporary parenting plan, the judge decides. The judge may also order you to go to mediation. The mediator is a third, uninvolved party who can help you come to agreement.
I am divorced and would like to send my child to private school. Can I make my ex-spouse pay for that as part of child support?
If your child was already attending private school when you divorced, possibly. But otherwise, your ex does not have to pay unless he or she wants to.
I am the custodial parent. Can I deny visitation?
The purpose of visitation rights is for children of a divorced couple to understand they have two parents who are entitled to love their children and be loved in return. If the children come back from a weekend with their non-custodial parent and are upset or tell you they do not want to go anymore that is not reason to deny visitation unless their health and welfare are endangered by the visitation. If you are having a disagreement with your ex or harbor ill feelings that is not reason to deny visitation. However, the non-custodial parent is entitled to reasonable visitation. That means if he or she wants to see your child in the middle of the night or is drunk or stoned, you do not have to permit visitation.
I am the noncustodial parent. Can I deny visitation?
You are entitled to reasonable visitation. If you are unable to comply with the visitation schedule, you and your ex might be able to work out alternative arrangements. Remember your children deserve the love of both their parents.
How is child support calculated?
Tennessee follows a shared-income model for child support. The court considers the income of both parents and determines the obligation based on their combined income and the number of children. A specific dollar amount results from this assessment, using a percentage of total income. Each parent is obligated to provide support in proportion to his or her income.
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What is the procedure for adoption?
In Tennessee, the court’s primary concern is the best interests of the child. An experienced attorney familiar with the stance of the court and the state’s adoption procedures can help ease the adoption process.
Whether a child is placed in a home privately or through an adoption agency, a petition for adoption must be filed. The child is placed in the custody of the new parents for a period of six months to one year before the adoption becomes final. This allows home study—the monitoring of the child’s welfare in the new home through a court’s authorized agency visits to the home. At the end of the period, a court hearing reviews the parents’ qualifications and, if satisfactory, grants a permanent decree of adoption. In this manner, the child gains all the rights of a natural child of the adoptive parents and a new birth certificate is issued, showing the adoptive parents as the child’s legal parents.
If you are a blood relative of the child, the court may decide to waive the probationary period and home study. However, the petition still needs to be filed.
If you want to adopt your stepchild, the process is similar to other adoptions. This includes the child's consent if the child is 14 or older. In addition, the natural parent must also consent and have his or her parental rights terminated as part of the adoption proceedings.
I have been divorced for a while and would like to change some of the provisions in the divorce decree. If my ex and I agree, would the changes be valid?
After your divorce, you might find it necessary or desirable to modify one or more of the stipulations in your divorce decree, property settlement, or custody and support arrangements. You talk to your ex, you figure it out, but you are not done. You must follow proper procedure if you want that modification or set of modifications to be valid. Richter & Rasberry works with you to ensure your desired changes are valid. We help you navigate through the legal system efficiently and to your gratification.
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