New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer


In this post divorce matter, Stringer v. Stringer, the mother filed a petition to relocate with the minor child to Texas pursuant to Tennessee Code Annotated § 36-6-108.  The statute sets out two different standards for the Court to analyze depending upon whether the parents share substantially equal parenting time.  When parents spend substantially equal amounts of time with the child, “[n]o presumption in favor of or against the request to relocate with the child shall arise,” and the trial … [Read more...]

Do step parents have visitation rights in Tennessee?

The answer is yes.  Step parents in Tennessee do have visitations rights under certain circumstances but such rights are not entitled automatically.  T.C.A. 36-6-603 set out the following: (a) In a suit for annulment, divorce or separate maintenance where one (1) party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent jurisdiction upon a finding that such … [Read more...]

What is difference between separate property and marital property?


In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same.  Separate property or … [Read more...]

Divorce mediation required in Tennessee?

In Tennessee, adjudication of a divorce can occur in two ways.  You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to.  If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court.  However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator.  The Tennessee legislature enacted  T.C.A. 36-4-131(a) where each party of a … [Read more...]

Welcome to my family law blog.

Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have.  Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated.  If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]

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