

Can I Move Out Of State With My Child?
Relocation cases have been some of the most difficult cases I have handled in the Tennessee family law arena. A relocation case arises when a parent desires to move outside of Tennessee, or more than fifty miles away from the other parent. When this happens, the Tennessee relocation statute comes into play. In essence, the Tennessee relocation statute requires the parent desiring to move outside of Tennessee or more than fifty miles from the other parent, to give notice of


What Rights do I have when My Child is with the Other Parent?
Parenting Plans are required in all divorce and custody cases involving children. Each Parenting Plan contains a set of 9 rights each parent has when the children are in the physical custody of the other parent. These rights are often referred to as the parental bill of rights and are as follows: The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations. The parent exercising parenting time shall fur


Tips for Saving on Legal Fees in Family Law Matters
Divorce can be expensive, both in terms of the emotional costs and the economic costs. Many times legal fees top the list of costs in a divorce case. Nevertheless, there are steps you can take to reduce the legal fees in your divorce. 1. Choose Your Attorney Wisely—When selecting an attorney, there are several factors to keep in mind. First, the more experienced the attorney, the higher the hourly rate. If saving money is the most important factor, then choosing a


What is a Right of First Refusal in a Parenting Plan?
When negotiating parenting arrangements, one parent will often demand a provision in the parenting plan that provides for a “right of first refusal.” Such a provision usually requires the parent exercising parenting time to notify the other parent first before calling a baby sitter. The courts have now seemed to approve the use of such provisions based on an amendment to the child custody laws. In 2011, the Tennessee Legislature passed a law requiring the courts to “order a


Is Having Custody More Expensive than Paying Child Support?
I wish I had a dollar for every time a parent came to me with a desire to change “custody” of their child so they would not have to pay as much in child support. While it is true that a change in parenting time will have a concomitant change in the amount of child support, that fact alone does not mean the change in the amount of child support will save the parent money. Quite the contrary. I will usually lecture that person on the true costs of raising a child. In reality


How Does Disability Effect Child Support?
In order to determine the correct amount of child support when one of the parents is receiving social security benefits, it must first be determined what kind of social security benefits that parent is receiving. There are generally two types of social security benefits, disability or retirement benefits received under Title II of the Social Security Act, and Supplemental Security Income benefits received under Title XVI of the Social Security Act. Amounts received by a pare


Can I Get Interest on Past Due Child Support?
In Tennessee, past due child support carries 12% interest. The way the statute is written, child support is late if it is not paid on the day it is due and the past due child support becomes a judgment against the person who owes the child support. That judgment carries 12% interest and the interest itself becomes child support. So what does all this interest talk really mean? Not much, unless the arrearage is sizable. For example, if you are owed $500.00 per month in chi


Is Mediation is Required in all Divorce Cases?
In all divorce cases, if a settlement is not reached between the parties, mediation is now required before the court will set the matter for a hearing. As a result of this requirement, new mediators are popping up every day. Although anyone with a law license can mediate a case, most mediators go through extensive training and become certified by the Tennessee Supreme Court as Rule 31 Certified Mediators. In addition, Rule 31 Certified Mediators must continue to receive tr


What Happens to a Child when the Parents Die?
During the past several months, I have had two cases where the parents of a child have died. In both cases, the deaths were sudden and unexpected. Fortunately for the children, relatives were available to step up and take on the responsibility of raising the children. In one case, the paternal uncle and aunt took custody, and in the other case, the maternal grandmother was available and took up the reigns. Let’s took a look at the legalities of these situations and the st


Can Divorce Effect my Credit?
One common concern many people have when starting the divorce process is “will divorce effect my credit rating?” The short answer is no. Just because a divorce has been filed does not have any effect on a person’s credit rating. A problem can arise, however, when bills go unpaid, either because there is no clearly defined agreement as to who will pay, or because there are bills that are unknown to one of the parties. It is important to obtain a credit report when starting