Dependency and Neglect Petitions in Tennessee

Petition for Dependency and Neglect in Tennessee There are unfortunate circumstances surrounding minor children that may require their removal from custodial parents or guardians.  Any party with knowledge of the facts or the Tennessee Department of Children’s services may petition a juvenile court where which the minor children are residents or are located at time of filing the petition.  In Tennessee, the Juvenile Court will have exclusive original jurisdiction in proceedings in which a … [Read more...]

Involuntary Termination of Parental Rights in Tennessee

In Tennessee, a parent has a fundamental right to the care and custody of his or her own child.  However, these rights are not absolute.  However, T.C.A. 36-1-113(g) sets out those circumstances in which the State’s interest in the welfare of a child justifies interference with a parent’s constitutional rights.  A petition for termination of parental rights by guardians or interest parties must must prove the existence of at least one of the statutory grounds for termination listed in statute.  … [Read more...]

What constitutes a material change of circumstances in Tennessee?

Parenting time in Tennessee is established in a permanent parenting plan entered by the court setting out the number of days allotted to each parent with one parent designated primary residential parent.  The parenting plan also sets out decision making responsibility and other terms prescribed for each parent to adhere to.  If a parent seeks to modify the parenting plan, he or she must prove by a preponderance of the evidence that there has been a "substantial and material change of … [Read more...]

Court’s power to limit or prohibit visitation-parenting time in Tennessee

After a hearing or trial adjudicating which parent is to be deemed primary residential parent with majority parenting time or such other amount of appropriate parenting time, the court is required to set out a visitation schedule for the other parent.  More specifically, T.C.A. 36-6-301, "the court shall, upon request of the non-custodial parent, grant such rights of visitation as will enable the child and the non-custodial parent to maintain a parent-child relationship unless the court finds, … [Read more...]

Affirmative defense to adultery in Tennessee

Upon drafting of a complaint for divorce, a party must assert a certain fault as grounds.  There a number of grounds for fault enumerated in the statute.  A common ground for fault in a divorce action is adultery.  This is often asserted where a spouse is seeking alimony or seeks to have the cheating spouse adjudicated as having committed adultery.  Upon service of the summons and complaint alleging adultery, the defendant spouse must admit or deny the allegation and assert an affirmative … [Read more...]

Child custody factors in divorce proceedings in Tennessee

In a complaint for divorce filed in Tennessee where a party is seeking full custody of their children, the court's determination is based on the "best interest" of the children.  Several years ago, the term custody was changed in favor of "parenting time" to diffuse the conflict between parents.  The custodial parent having majority "parenting time" is deemed the "primary residential parent."  Parenting time was the preferred term over full custody as parents can agree to any arrangement where … [Read more...]

What are the types of alimony and factors for awarding alimony in Tennessee

The common issue of contention and acrimony in a divorce matter is the claim for alimony by a spouse.  For example, "I will work at McDonald's before I pay her alimony." (actual quote from a divorce we have handled)  It often frustrates an open dialogue on an amicable resolution of other issues such as dividing up the marital estate or setting forth parenting time.  The court in the award of alimony evaluates certain facts that are applied to a set of enumerated statutory factors.  There are a … [Read more...]

Dissipation of marital assets in Tennessee

Contemplating whether to proceed with a divorce is an arduous process both mentally, emotionally, and financially.  A common inquiry is a concern over whether a spouse will liquidate marital assets, close bank accounts, cancel insurance policies, or hide money.  Upon filing a complaint for divorce, the following statute and its enumerated temporary injunctions apply upon proper service of process of the complaint and court order listing the injunctions. Tennessee Code Annotated § 36-4-106(d) … [Read more...]

A gift to spouse is separate property in Tennessee

In Tennessee, funds or assets received by a spouse from a third party or entity in the form of a gift constitutes separate property meaning a Court cannot distribute any portion of it to the other spouse in a divorce proceeding. The statute defines “separate property” to include “[p]roperty acquired by a spouse at any time by gift[.]” Tenn. Code Ann. § 36-4-121(b)(2)(D) Classification of particular property as either separate or marital is a question of fact to be determined in light of all … [Read more...]

Spouse is not entitled to inheritance as separate property in Tennessee

In Tennessee, funds or assets inherited constitutes separate property meaning a Court cannot distribute any portion of it to your spouse in a divorce proceeding.  This is in contrast to marital property which is any asset acquired during the course of the marriage regardless of how it appears on any title of interest.  If you have received an inheritance and wish for it remain separate property, then it is important that you segregate those funds or assets from any joint account or application … [Read more...]

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We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.