Law Office of Hibbeler & Associates

How Does Paternity Affect Custody Rights?

One of the biggest misconceptions is that courts always favor mothers regarding custody. While it’s true that mothers have historically been more likely to receive primary custody, modern family courts are increasingly focused on what’s best for the child, which often includes the involvement of both parents.

For fathers, everything starts with paternity. Once paternity is legally established, a father can petition for custody. Joint custody allows parents to share significant decisions about the child’s life. Physical custody or parenting time determines how much time the child spends with each parent.

Courts look at several factors when deciding custody arrangements, including each parent’s relationship with the child, the ability to provide a stable home, the mental and physical health of each parent, and any history of abuse or neglect. While paternity doesn’t automatically guarantee custody, it allows a father to make a case for it. 

What Does Legal Paternity Mean in Tennessee?

In Tennessee, paternity refers to legally recognizing a man as a child’s father. This legal status is crucial because it establishes a biological connection and the rights and responsibilities that come with fatherhood. Without legal paternity, a man has no enforceable rights to custody, visitation, or input in important decisions affecting the child’s life. He cannot be held legally responsible for child support.

Paternity can be established in several ways under Tennessee law. It may be presumed if the parents are married at the time of the child’s birth. Paternity can be voluntarily acknowledged through a signed form, usually at the hospital or later with the Department of Human Services. It can also be determined by a court, often after genetic testing. Until paternity is legally confirmed, the father has no standing in family court matters involving the child. A biological father has no legal rights in Tennessee until one of these steps is taken. That means no say in how the child is raised, no right to see the child and no way to prevent the child from being adopted or moved without his consent.

How Does Paternity Affect Child Support?

When paternity is confirmed, the law recognizes the man as a legal parent with the duty to support the child financially. If the child’s mother applies for government assistance, the state may initiate a paternity action to identify the father and recover support costs. Once paternity is established, the court can order monthly child support based on the father’s income, the mother’s income, and the child’s needs. Support obligations are calculated using state guidelines, which consider income, healthcare costs, daycare expenses, and other financial considerations.

Child support and custody are separate issues. A father can be ordered to pay support even if he isn’t granted visitation rights. Conversely, a father granted custody or visitation still has to pay support unless the court adjusts or terminates the obligation.

What Is the Process of Establishing Paternity?

If you’re a father who wants to establish paternity or a mother seeking support, the process varies depending on your situation.

Voluntary Acknowledgment

This is the most straightforward route. When both parents agree on who the father is, they can sign a voluntary acknowledgment of paternity, usually at the hospital after birth. This form is filed with the state and legally recognizes the man as the father.

Court-Ordered Paternity

If there’s a dispute, either parent or the state can file a paternity petition in family court. The judge may order genetic testing, which is usually 99% accurate or higher. Once the court confirms paternity, it issues an order that may include child support, custody, or both.

When Should Fathers Establish Paternity?

If you’re a father and you’re not married to the child’s mother, it’s a good idea to establish paternity as soon as possible. You will need paternity if you want legal custody or visitation rights, you want to have a say in important decisions about the child’s life, or you want to make sure your child can inherit from you or access benefits like Social Security, veterans’ benefits, or health insurance. Without legal paternity, none of that is guaranteed.

What If You Were Told You’re the Father, but You’re Not?

Sometimes, men are listed as the father on a birth certificate or sign a Voluntary Acknowledgment of Paternity under pressure, only to find out later they may not be the biological father. If this happens, act quickly. Tennessee allows a limited window to rescind a voluntary acknowledgment or longer if fraud or mistake is involved. Once legal paternity is established, it can be difficult to undo, especially if the child has come to rely on you as a father figure.

Protecting Your Rights as a Father in Tennessee

If you’re an unmarried father in Tennessee, establish paternity as soon as possible; don’t wait. Once paternity is confirmed, file for custody or visitation; don’t assume rights will just be granted. Keep records of your involvement, such as texts, photos, attendance at appointments, etc. Be sure to follow all court orders, especially child support-related ones. Consider hiring a family law attorney if your case involves complications, disputes, or delays.

Fight for Your Rights as a Father – Law Office of Hibbeler & Associates Is Here to Help

Are you a father in Tennessee looking to establish paternity, gain custody, or understand your child support obligations? Whether you are fighting to be in your child’s life or navigating a complicated family law situation, you don’t have to do it alone. Law Office of Hibbeler & Associates helps fathers take control of their parental rights. From filing for paternity and securing visitation to negotiating fair child support, we’ll fight for you with compassion, clarity, and proven results. Contact us at 931-236-2711 for a free 30-minute case evaluation.

When a juvenile is charged with a criminal offense, the consequences can be life-changing. However, for first-time juvenile offenders, the justice system often provides an opportunity to avoid formal prosecution through diversion programs. These programs focus on rehabilitation and education rather than punishment, allowing young offenders to correct their behavior without carrying a permanent criminal record. 

What Are Juvenile Diversion Programs?

Juvenile diversion programs are structured alternatives to traditional court proceedings for minors who commit non-violent, first-time offenses. These programs aim to redirect young offenders away from the formal justice system by offering rehabilitative services, counseling, education, and community involvement. The primary goal is to prevent future criminal behavior by addressing the underlying causes of delinquency. Participation in a diversion program often results in the dismissal of charges, allowing the juvenile to avoid a criminal record or needing representation in court. 

Types of Juvenile Diversion Programs

Diversion programs vary depending on the jurisdiction and the nature of the offense, but they generally fall into three main categories: informal diversion, formal diversion, and community-based programs.

Informal Diversion

Informal diversion typically occurs before a formal charge is filed. Law enforcement officers, probation officers, or juvenile intake counselors may recommend informal diversion as an alternative to formal prosecution. In this scenario, the juvenile agrees to comply with certain conditions, such as attending counseling, completing community service, or participating in an educational program. If the juvenile successfully fulfills these requirements, the case is closed without formal charges being filed.

Formal Diversion

Formal diversion usually takes place after charges are filed but before adjudication. The court may offer a formal diversion program to eligible juveniles, allowing them to complete specific conditions in exchange for dismissal of the charges. Formal diversion programs often involve stricter monitoring and oversight, requiring regular progress reports and compliance with program guidelines. Successful completion results in the expungement of the offense from the juvenile’s record.

Community-Based Diversion Programs

Community-based programs focus on integrating the juvenile into positive social environments. These programs often include mentoring, vocational training, family counseling, and peer group sessions. Community organizations and nonprofits play a crucial role in these programs by providing services that foster healthy relationships and reinforce positive decision-making. These programs not only address the immediate offense but also equip juveniles with the tools to succeed in the future.

Eligibility Criteria for Juvenile Diversion Programs

Not all juveniles qualify for diversion programs. Eligibility typically depends on the nature of the offense, the juvenile’s criminal history, and the circumstances surrounding the case. Generally, first-time offenders charged with non-violent offenses such as petty theft, vandalism, or minor drug possession are the most likely candidates for diversion.

In determining eligibility, courts and juvenile intake officers consider several factors, including the severity of the offense, the juvenile’s age, family background, and willingness to participate in the program. Some jurisdictions may also require parental consent for program participation. If the juvenile demonstrates genuine remorse and a commitment to meeting program requirements, they are more likely to be accepted into a diversion program.

How Juvenile Diversion Programs Work

The structure of diversion programs varies, but most follow a similar process that includes assessment, program participation, and monitoring.

Initial Assessment

When a juvenile is considered for a diversion program, an initial assessment is conducted to evaluate their risk level, family situation, and individual needs. This assessment helps program coordinators determine the most appropriate interventions and services for the juvenile. The assessment may include interviews with the juvenile, family members, school officials, and community members.

Program Participation and Conditions

Once enrolled in a diversion program, the juvenile must complete a series of requirements tailored to their offense and personal circumstances. These conditions often include attending counseling or therapy sessions, completing community service, participating in educational workshops, and attending restorative justice meetings. The goal is to help the juvenile understand the consequences of their actions while providing them with tools to make better decisions moving forward.

Monitoring and Compliance

Throughout the program, the juvenile’s progress is closely monitored by program coordinators and juvenile probation officers. Regular check-ins, progress reports, and compliance reviews ensure that the juvenile is meeting all requirements. If the juvenile successfully completes the program, the charges are typically dismissed, and their record remains clean. 

Benefits of Diversion Programs for Juveniles

Diversion programs offer numerous benefits for both juveniles and the community. By emphasizing rehabilitation and accountability, these programs help prevent recidivism and promote positive behavioral changes. Successful completion of a diversion program allows juveniles to avoid a criminal record, which can have lasting consequences on future educational and employment opportunities.

One of the most significant benefits is that diversion programs provide young offenders with access to counseling, mentoring, and educational resources that address the root causes of their behavior. Rather than being labeled as criminals, juveniles have the opportunity to learn from their mistakes and develop healthier coping mechanisms. Additionally, diversion programs reduce the burden on the juvenile justice system, allowing resources to be directed toward more serious cases.

A Second Chance for First-Time Juvenile Offenders

Diversion programs offer first-time juvenile offenders a second chance to correct their behavior and avoid the lasting consequences of a criminal record. By focusing on rehabilitation, education, and community involvement, these programs provide young offenders with the tools they need to make better choices in the future. While challenges exist, the benefits of diversion programs far outweigh the potential drawbacks, making them a valuable alternative to traditional court proceedings. 

For families navigating the juvenile justice system, understanding and advocating for diversion opportunities can make all the difference in ensuring a brighter future for their child. To schedule a free 30-minute case evaluation with our team, call the Law Office of Hibbeler & Associates today at 931-236-2711.

Defending Your Rights

Driving under the influence has consequences no matter who you are, but for military personnel, being stopped for a DUI on a military base can have severe and far-reaching immediate implications. Civilian courts do not handle the charges and fall under the uniform code of military justice. You need a skilled military DUI lawyer who understands the complexities of the charges you face. At The Law Office of Hibbeler & Associates, your defense is our priority. Our dedicated military DUI lawyer will fight for your rights and stand by your side through the entire process. You do not have to face this alone. Call The Law Office of Hibbeler & Associates at 931-236-2711 for a free consultation.

How is a Military DUI Different From a Civilian DUI

The primary difference between a military DUI and a civilian DUI is that a DUI issued on a military installation is a federal offense that carries much heavier penalties. In addition to military consequences, there are criminal and administrative civilian punishments, which may include:

• Time in federal prison
• Lengthy probation
• Large fines
• DMV hearing
• License suspension

What is the Career Impact of a Military DUI?

In addition to any civilian charges, a military DUI carries a career impact that may include:

• Article 15 punishment
• Alcohol rehab treatment
• Changes in rank are likely to reduce your income, impacting not only your well-being but also your family
• Additional duties
• Court Martial
• Suspended deployment or PCS
• Disorderly Conduct.

Some military officers take immediate action when they learn of a DUI arrest. Others wait until the court’s ruling before taking any disciplinary action. Either way, you must seek representation from a military DUI lawyer who will strategize the best defense for you.

How Can a Military DUI Lawyer Defend Me?

There are many strategies a military DUI lawyer might use to defend you. Every case is different, and at The Law Office of Hibbeler & Associates, our legal team understands the complexities of the Tennessee military DUI laws. We may begin by:

• Questioning the validity of the breath test.
• Question if law enforcement had probable cause for the stop.
• Refute that you were the driver of the vehicle.

The key to defending against a felony charge is challenging the details of the case the other side presents. Our attorneys are dedicated to providing a robust defense. We will stand up for your rights and make your voice heard.

What is the Process for Establishing My Defense?

There are multiple avenues the lawyers may take to pursue your defense; some of these include:

• Establishing the timeline of the events leading up to the arrest
• Re-examining police reports and reviewing body and traffic-cam footage to ensure your rights were not violated.
• Interview witnesses and expert witnesses to obtain information on blood alcohol testing procedures and military rules.

Any federal case focuses on your rights and freedoms, and our legal team takes that responsibility seriously. Trust is earned at The Law Office of Hibbeler & Associates, and we will work hard to build that relationship with you.

What Are the Consequences of a Military DUI?

If convicted of a DUI, you may face a dishonorable discharge from the military; this is particularly likely if the DUI involved an accident that resulted in a death. Your reputation becomes tainted as friends and colleagues may distance themselves from you. After a felony conviction, you should expect a career impact in your military and civilian life. Many employers balk at hiring employees with criminal records, and those who give second chances do so at low pay. It is crucial to have the services of a skilled military DUI lawyer to help you navigate the complex Tennessee DUI laws.

Will My Military Benefits Be Impacted?

A DUI conviction by the military court has long-reaching consequences that affect not only your standing in the military, your reputation, and your finances, but it can also impact your ability to collect your military benefits. This translates to no longer being entitled to tuition assistance, health insurance, dental benefits, housing and, enlistment bonuses, etc. A qualified lawyer can make the difference you need.

When is the Right Time to Hire a Military DUI Lawyer?

An arrest for a military DUI is a daunting and life-altering experience. It is crucial to have an empathetic and experienced military DUI lawyer who fully understands the enormity and gravity of your situation. At The Law Office of Hibbeler & Associates, we empathize with the anxiety and fear such charges bring, and we will take charge so you can rest easy, knowing that your case is being handled by a legal team on your side.

Seeking legal representation early on can make a significant difference in the outcome of your case. An experienced legal team like ours can assess the circumstances of the arrest, gather evidence, and build a strong defense strategy tailored to military law. Our skilled lawyers will provide the guidance and support you need to navigate this process successfully.

Nothing is more important than your peace of mind. At The Law Office of Hibbeler & Associates, we understand how frightening the severe consequences of a military DUI are and that it is not merely your driving record at stake or higher insurance premiums that you are worried about but your livelihood, freedom, and rights. We will take matters in hand and defend your future. Call The Law Office of Hibbeler & Associates at 931-236-2711 for a free consultation.

What is Child Custody According to Tennessee Law?

In Tennessee, child custody is divided into two categories: sole custody and joint physical custody. Sole custody means that only one parent has custody of the child, while joint physical custody means that both parents share the rights and responsibilities of their child or children. Physical custody also differs from legal custody; physical custody is where the child lives, while legal custody is the ability to make decisions about the child’s life and overall well-being.

What Factors Do Tennessee Courts Consider in Child Custody Cases?

When determining child custody, Tennessee courts prioritize the best interest of the child. They take into account several factors, such as the child’s emotional and physical needs, the parents’ capacity to prioritize the child’s well-being, the stability of each parent’s household, and any actions or failures that might suggest the current parent-child relationship is unsuitable. In most cases, the court will suggest a parenting plan for both parents to follow.

What Role Does the Child’s Preference Play in Custody Decisions?

In Tennessee, courts may consider the child’s wishes when making custody decisions, especially if the child is 12 years or older. The court will interview the child in a private setting to understand their preferences. However, the child’s preference is not the deciding factor. The court will weigh it against other factors, such as the parent’s ability to meet the child’s needs, the stability of each parent’s home, and the child’s overall well-being.

How Do Tennessee Courts Handle Child Custody Disputes Involving Non-Citizen Parents?

In Tennessee, a parent’s citizenship status does not automatically disqualify them from obtaining custody of their child. The court’s primary concern is always the best interest of the child. However, there are additional considerations when one or both parents are non-citizens.

What if the Non-Citizen Parent Has a Criminal Record?

If a non-citizen parent has a criminal record, it can significantly impact the court’s decision in a child custody case. Tennessee courts prioritize the safety and well-being of the child, and a parent’s criminal history could be seen as a potential risk to the child’s safety. The court will take into account the nature of the crime, the time that has passed since it occurred, and the parent’s conduct since then. Having a criminal record does not automatically prevent a parent from gaining custody, but it is a factor the court will evaluate.

What if the Non-Citizen Parent is Undocumented?

The status of a parent as an undocumented immigrant can add another layer of complexity to child custody cases. However, in Tennessee, being undocumented does not automatically disqualify a parent from obtaining custody of their child. The court’s primary concern is the best interest of the child, and they will consider the parent’s ability to provide a stable and nurturing environment for the child. However, the risk of deportation for an undocumented parent could impact the court’s decision, as it could lead to a sudden disruption in the child’s life.

How Does the Court Handle Cases Where Both Parents are Non-Citizens?

In cases where both parents are non-citizens, the court will still prioritize the child’s best interests. The court will consider the parents’ ability to provide a stable and nurturing environment, the child’s emotional and physical needs, and the stability of each parent’s home. If one or both parents are facing deportation, the court may need to make arrangements for the child’s care. This could involve granting custody to a relative or another adult who can provide a stable environment for the child.

What if the Child is Also a Non-Citizen?

If the child is also a non-citizen, this can add another layer of complexity to the case. The court will need to consider the child’s immigration status and potential outcomes. For instance, if the child is facing deportation along with the non-citizen parent, the court may need to make arrangements for the child’s care in the U.S. Alternatively, if the child is allowed to stay in the U.S., the court will need to consider the living conditions and educational opportunities in the parent’s home country if the child is to move with the deported parent.

What Happens if a Non-Citizen Parent is Deported?

If a non-citizen parent is deported, it can complicate child custody arrangements. The court may grant temporary or permanent custody to the other parent, a relative, or another adult who can provide a stable environment for the child. If the deported parent can provide a suitable living environment in their home country, the court may allow the child to move with them. However, this is a complex issue that requires careful consideration of the child’s best interests.

Can a Non-Citizen Parent Take Their Child Out of the Country?

In Tennessee, a parent cannot take a child out of the country without the other parent’s consent or a court order. If a non-citizen parent wishes to take their child to their home country, they must first obtain permission from the other parent or the court. If the other parent objects, the court will consider the child’s best interests before making a decision.

What if the Non-Citizen Parent is Seeking Asylum?

If a non-citizen parent is seeking asylum in the U.S., this can further complicate child custody proceedings. Asylum seekers are often in a state of legal limbo while their case is being processed, which can take months or even years. During this time, the court will need to consider the potential outcomes of the asylum case when making custody decisions. If the parent is granted asylum, they will be allowed to stay in the U.S., which could influence the custody arrangement. However, if the parent’s asylum request is denied, they may face deportation, which could disrupt the child’s living situation.

How Can an Experienced Attorney Help in Child Custody Disputes Involving Non-Citizen Parents?

Navigating child custody disputes involving non-citizen parents can be complex and emotionally draining. An experienced attorney can provide valuable guidance and support throughout the process. They can help you understand your rights and responsibilities, represent your interests in court, and work towards a resolution that protects your child’s best interests.

If you’re involved in a child custody dispute, call the Law Office of Hibbeler & Associates today at 931-236-2711.

Key Differences Between Military and Civilian Divorces

Military divorce differs significantly from civilian divorce, but understanding these differences can make the process more manageable. Each step requires careful consideration and planning, from selecting a jurisdiction to dividing military benefits. You can build a new future with the proper knowledge and experienced legal support.

Unique Factors in Military Divorce

Military life is demanding. Deployments, frequent relocations, and the stresses of service can strain even the strongest marriages. When those marriages end, military-specific laws and policies come into effect. These include residency rules, division of military benefits, and the impact of deployments or military duties on custody arrangements.

Residency and Jurisdiction

One of the first hurdles in a military divorce is determining where to file. Civilian couples typically file for divorce in the state where they live. However, military families often move due to permanent change of station (PCS) orders, making residency less straightforward. Most states allow military members or their spouses to file for divorce in the state where the service member is stationed, where the service member claims legal residency, or where the spouse resides. These options can be both a benefit and a complication. Couples must weigh factors like state-specific divorce laws, property division rules, and tax implications when choosing a jurisdiction.

Division of Military Benefits

Military benefits are among the most significant differences between military and civilian divorces. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), govern the division of military pensions. Under USFSPA, state courts can treat military retirement pay as marital property and divide it between spouses. The 10/10 rule often applies. This rule means that if the marriage lasted at least ten years, with ten years overlapping military service, the Defense Finance and Accounting Service (DFAS) can directly pay the former spouse’s share of retirement benefits. However, the length of the marriage doesn’t impact whether a spouse is entitled to a portion of the pension as determined by state law.

Other benefits, like healthcare through TRICARE, commissary privileges, and access to military housing, may also come into play. For example, a former spouse may retain TRICARE benefits under the 20/20/20 rule if the marriage lasted 20 years, the service member had 20 years of service, and there was a 20-year overlap between the two.

Custody and Parenting Challenges

Deployments, PCS moves, and unpredictable schedules make child custody arrangements more complicated for military families. Courts strive to prioritize the child’s best interests, but the realities of military life often create unique hurdles. For example, if a service member is deployed, they may need to delegate custody to a trusted family member or seek temporary modifications to the custody arrangement. Courts cannot penalize a service member due to their military obligations. This protection ensures that serving the country doesn’t automatically result in losing custody or visitation rights.

Child and Spousal Support

Military divorces often involve specific guidelines for child and spousal support. Each military branch has regulations requiring service members to financially support their families, even before a court issues a formal support order. These regulations ensure that dependents are not left without resources during divorce. State guidelines typically govern the amount of support provided, but military-specific allowances, like Basic Allowance for Housing or Basic Allowance for Subsistence, are considered when calculating income.

The Servicemembers Civil Relief Act (SCRA)

The SCRA protects service members involved in legal proceedings, including divorce. For example, if a service member is on active duty, they can request a delay in court proceedings. This provision prevents them from being disadvantaged due to their inability to attend hearings or respond to filings while fulfilling their duties.

Emotional and Practical Considerations

Beyond the legal complexities, military divorces often carry unique emotional and practical challenges. The shared sacrifices of military life can make the end of a marriage particularly painful. The stresses of military life, including long separations, trauma from combat, or the constant need to adapt, can create emotional scars that linger long after the divorce is finalized. Military families often rely heavily on tight-knit community networks. Divorce can disrupt these support systems, leaving spouses and children feeling isolated. Starting over can be daunting for spouses who gave up careers to support a service member’s career. Access to education benefits or spousal support may help, but the road to independence often requires significant effort and resilience.

Tips for Navigating a Military Divorce

Understanding the unique aspects of military divorce is just the first step. Here are many tips that can smooth the process.

Consult an Experienced Attorney

Military divorce involves federal and state laws, as well as military-specific regulations. An attorney familiar with these issues can help you protect your rights and achieve a fair outcome.

Understand Your Benefits

Take time to learn about the benefits you’re entitled to, from retirement pay to healthcare access. Knowledge is power when negotiating settlements.

Lean on Support Systems

Seek out resources like military family support centers, counselors, or support groups for divorced spouses. You don’t have to go through this alone.

Legal Help for Military Divorces

Navigating a military divorce can be overwhelming. Dividing military benefits, handling custody during deployments, and understanding federal and state laws is complex. At the Law Office of Hibbeler & Associates, we understand the unique challenges you’re facing and know how to protect your rights. Let us guide you through this difficult time and secure the best possible outcome for your future. Call us today at 931-236-2711 for a free 30-minute case evaluation.

Is Remarriage Grounds for Child Support and Spousal Support Modification?

Family law has various crucial aspects that can be tricky to handle without the assistance of skilled family law attorneys in Clarksville. Child and spousal support after a divorce are some of these factors, with various questions arising about their payments after significant life changes, such as remarriage.

The law stipulates that you can apply for child and spousal support modification if you experience substantial and material life changes. Remarriage can be one of those changes, but you must understand how the state’s family law provisions play out on a case-to-case basis. Consult with family law experts to evaluate your options.

Will I Still Be Required to Pay Spousal Support if I Remarry?

Spousal support may be ordered during a divorce to address the financial inequality due to marriage dissolution. The idea is to ensure the spouse with less earning potential can maintain their previous financial status during the marriage as they try to transition into the workplace or return to school, if possible.

Divorce lawyers in Clarksville explain that if the options are unrealistic, for example, due to age or health status, the recipient spouse should continue receiving the payments for a period determined by the court. As the paying spouse, you are obligated to continue paying spousal support to your ex-spouse even if you remarry.

Taking on additional financial responsibility through remarriage is not a reason to terminate or modify a pre-existing alimony obligation. However, you could request a modification if the birth of a new child in the new marriage affects your financial situation due to the child-related expenses.

What if the Recipient Spouse Remarries?

If your ex-spouse remarries or cohabits with a romantic interest after divorce, you could file a petition to terminate spousal support payments. In the eyes of the law, your ex-spouse is no longer your responsibility.

However, gather enough evidence to prove your claims before you file a termination or modification petition. Courts don’t act on hearsay or suspicions, so you can’t claim that you heard of suspect that your ex-spouse has remarried or is cohabiting to have spousal support terminated. Consult Clarksville divorce attorneys for legal counsel to navigate the matter.

How Does Remarriage Affect Child Support?

Both parents of a minor child must continue providing financial support for the child after divorce until the child reaches the age of majority. Courts issue a child support order in such cases, specifying the parent who should remit child support to the other parent weekly or monthly.

If you remarry, it’s not automatic that you should file a child support modification request. If you do, the courts will evaluate various factors before granting your request:

New Spouse’s Income

In Tennessee, courts don’t directly factor in a new spouse’s income when calculating child support amounts based on a modification request. However, their income can have an indirect effect on the calculations. For example, if the custodial parent remarries and their new spouse’s income is significantly high, the non-custodial parent can request a review of the existing order.

The court can consider the high income when deciding whether to adjust the amounts payable. On the other hand, if the non-custodial parent remarries and their new spouse’s income is significantly high, it could also be a basis for requesting a modification of the child support amounts.

A spouse’s high income could mean that the non-custodial parent doesn’t have to work as much as they did in the past and can spend more time with the child. These factors can potentially affect the new calculations. Nonetheless, it’s important to remember that a stepparent can’t be forced to support a stepchild, so your financial obligation remains.

New Child

Adding a new child could also affect an existing child support order. The court will evaluate your financial responsibility for supporting the new child but won’t prioritize it over an existing order. It will review your case to determine if your financial situation has changed enough to warrant an adjustment.

Factors such as a change in income or increased expenses, in addition to the coming of a new child, can influence the court’s decision to grant your modification request. Remember that any modification must be significant to qualify for adjustment. The court’s primary concern is the child’s best interests, so a modification may not be granted easily.

What Should I Do to Modify an Existing Support Order After Remarriage?

If you want to change an existing spousal or child support order because of financial changes brought about by remarriage, the first step would be to consult divorce lawyers in Clarksville. They can help you understand the legal provisions available and whether your circumstances warrant a modification.

Next, they can help you file a petition in court, explaining the changes in your situation and why you need a modification. Evidence is crucial, so your lawyers will help compile the necessary documents. You will attend a hearing where the court evaluates your case and either grants or denies your request.

An Experienced Family Law Attorney Providing Legal Counsel on Support Modification After Remarriage

Remarriage can raise concerns about child and spousal modifications if it significantly changes your financial status. If you file a modification request in a family court, the judge will consider multiple factors before making the final determination. The process can be demanding, so it’s worth consulting experienced family law lawyers in Clarksville to navigate the intricacies.

The Law Offices of Hibbeler & Associates has a team of dedicated divorce lawyers who can work on your case. We understand how stressful it can be to balance new responsibilities and pre-existing financial obligations. Let us help you protect your rights. Call us at 931-236-2711 to schedule a FREE 30-minute case evaluation.

Do Grandparents Have Custody Rights?

Grandparents have special bonds with their grandchildren and play a crucial role in providing love, stability, and support. If a family unit breaks down, grandparents may pursue legal avenues to maintain the relationship with their grandchildren.

Family law attorneys in Clarksville explain that the law allows grandparents to petition for visitation or custody. However, the process can be complex and often marked by various legal intricacies. Skilled legal experts can help you navigate the process to protect your rights as a grandparent and uphold your grandchildren’s best interests.

What are the Criteria for Grandparent Custody?

As a grandparent seeking custody of your grandchildren, you may have more legal challenges to overcome than when seeking visitation rights. According to Child custody lawyers in Clarksville, you must demonstrate that:

• The children’s parents are unfit to take care of the children due to issues such as mental illness, neglect, or substance abuse.
• Being granted custody of the children promotes their best interests. You must show that you can provide a stable, loving, and supportive environment for the children’s mental, physical, and emotional well-being.

The family court in which you file your petition will consider several factors before making the final determination. These include the children’s needs and age, stability and continuity, and your health and financial status.

What Factors Contribute to a Parent’s Unfitness in a Custody Case?

Minor parental imperfections won’t make a court strip a parent of their rights. However, being an unfit parent can cause the court to reduce or limit interaction between the parent and the child. Proving parental unfitness can be challenging, but the law in Tennessee provides guidelines on the factors a judge can consider in determining parental unfitness.

At your request or on the order of a judge, a child custody evaluation can be done to determine if the child’s safety, health, and welfare are at risk when staying with the parents. Child custody attorneys in Clarksville say that factors the evaluator will consider may include the following:

Child Abuse

If the parents have a history of child abuse with the children, it could be an indicator that custody should change. A lot of involvement by the Child Welfare Services in the parents’ household could be a sign that it’s not in the children’s best interests to remain under the parents’ care.

A report from the agency could help the court decide whether child abuse is substantiated or not. If the officers raise concerns, they can issue an immediate safety plan, which you can bring to court to support your custody request.

Domestic Violence

You could file a custody petition based on domestic violence between the parents. It is not in a child’s best interests to be a percipient witness to physical or emotional abuse by one parent to the other. A change of custody could protect the emotional well-being of the child by reducing their exposure to violence.

Not Setting Age-Appropriate Limits

Parents are responsible for imposing age-appropriate limitations on their children, and when they allow extreme situations, that could be a red flag. For example, letting a 10-year-old child watch R-rated movies or not setting curfew hours could be a basis for citing parental unfitness.

Not Understanding or Responding to a Child’s Needs

Children need to feel heard and cared for by their parents and be able to communicate the same. Some scenarios that could highlight parental unfitness as far as a child’s needs are concerned are:

• Lack of sensitivity to the children’s needs
• Lack of effort by the parents to communicate in a way the children can understand
• Not being responsive to the children

These factors could show that the children don’t have a strong relationship with their parents, and their well-being could be compromised. If you have cause to believe that your grandchildren’s parents don’t understand or respond to their needs, consult skilled Clarksville child custody lawyers for legal guidance on enforcing your grandparent’s rights in custody.

Substance Abuse

If you have evidence that your grandchildren’s parents have substance abuse issues affecting the child, you can request the court to grant you custody. Even if it is a legal drug like marijuana, the court can prioritize the children’s safety by making orders restricting the parents. The judge can then order substance abuse assessments to determine the extent of abuse.

Psychiatric Illness

Mental health issues don’t automatically mean a reduction or limitation in parental custody, but it may be a basis for requesting custody in the interests of your grandchildren’s well-being. If the parents suffer mental conditions that pose a risk to the children’s welfare and don’t proactively seek treatment, you could seek custody to protect your grandchildren.

Social Functioning

Children should engage in social activities with both parents, which leads to positive memories and interactions. If the parents are against such activities or have social issues that may adversely affect the children, such as locking them indoors all the time, you could file for custody. However, ensure you have a strong case and can prove the adverse effects.

A Skilled Family Lawyer Upholding Your Grandparent Right in a Child Custody Case

Grandparents have rights over their grandchildren, but these rights can only be granted under specific circumstances. Depending on the situation, you can pursue visitation or custody rights. Experienced child custody attorneys in Clarksville can help you file a child custody petition if you believe your grandchildren’s parents are unfit for custody.

The Law Offices of Hibbeler & Associates is a family law firm with skilled child custody lawyers. If you’re a grandparent seeking to establish your rights, we can assess your case and help you take the necessary legal steps. We understand how important it is for you to maintain a solid relationship with your grandchildren during this difficult time. Call us at 931-236-2711 for a FREE 30-minute evaluation.

What is Paternity?

According to the State of Tennessee Department of Human Resources, paternity means becoming the legal father of a child. This act has many benefits for the father, mother, and child and encourages both parents to work together for the child’s best interests. Legal paternity grants the father equal access to the legal rights of their child as the mother.

What are the Legal Rights and Responsibilities of a Parent?

Legal parents have the right to a relationship and to visit their child. After paternity has been acknowledged, a father is afforded these rights. Both parents are legally required to support their child after birth. This support includes child support, health insurance, and other childcare expenses.

What Legal Presumptions Are There Regarding Paternity?

Tennessee law recognizes several situations when a presumption of paternity exists without the process of a court to establish that paternity. Those situations are as follows:

• The child’s parents were married to each other at the time of birth or within 300 days of the birth.
• The child’s parents were married after the birth, and the man registered as a putative or supposed father and consented to be named on the birth certificate or agreed to provide monetary support for the child.
• The child resides with the man and is recognized as his son or daughter.

While these situations create a legal presumption of paternity, they can be refuted in court.

How is Paternity Established?

Paternity may be established voluntarily or through a court of law until the child turns 21 years of age.

Voluntary Acknowledgment of Paternity

Voluntary paternity is established when both parents agree that the man is the biological father of the child and sign a Voluntary Acknowledgement of Paternity at the hospital at the time of birth. The form may also be acquired and signed at a later time at the child support office, local health department, or the Office of Vital Records. Once both parents have signed the form in front of a notary, then the Acknowledgment of Paternity must be filed with the Office of Vital Records. The State of Tennessee recognizes the execution of a VAP as stronger evidence of paternity than a DNA test.

The putative father can sign this form if:

• The child is a minor. A court order must be issued for adult children.
• The mother was unmarried at the time of birth or within 300 days of the birth.
• Both parents consent to adding the putative father’s name to the birth certificate.
• There is no father currently listed on the birth certificate.

Before a Voluntary Acknowledgment of Paternity is filed, it is a good idea to speak with an attorney or have DNA testing to confirm the biological relation. After the form has been filed, paternity will only be rescinded under specific circumstances. It must be petitioned within five years of the filing date if there was no fraud or coercion by the mother.

If a petition to rescind paternity is filed in a timely manner, then it will only be granted if there is evidence of a substantial likelihood of fraud, duress, or a material mistake of fact that occurred when the acknowledgment was signed. If evidence supports this, then a DNA test will be ordered.

Involuntary Paternity

Paternity that is not voluntarily agreed to is established through the court system with an order of parentage. This process begins with the filing of a Petition to Establish Parentage at a court within the county where the mother, father, or child lives. The mother, father, or child, with the help of a guardian, may file the petition, or the Department of Human Services may file it if the child receives public assistance.

If the mother or the father denies or is unsure of paternity, a DNA test may be ordered through the court. If DNA testing confirms that the father is the biological father, then the court will issue an order of parentage that declares the father as the legal father of the child. Then, the man’s name will be added to the birth certificate as the father, and custody, visitation, and child support will be settled at the same time.

How is Paternity Contested?

If paternity is being contested in a court of law and no acknowledgment has been signed, a court will order DNA testing to confirm biological relation.

Contested paternity after the signing of an acknowledgment must be submitted within 60 days and will then enter the court system.

Why is Establishing Paternity Important?

There are many benefits to the child, mother, and father of establishing paternity. The process allows the father the rights and obligations related to the rearing of the child through legal means. Establishing paternity benefits all involved parties in the following ways:

Benefits to the child:

• Receives financial support from the father
• Establishes relationships with both parents
• Receives shelter and aid from the father
• Learns about familial history
• Access personal information regarding medical history and health risks
• Access medical insurance and other benefits from the father
• Gains the right to inherit as a beneficiary of the father
• Gains the right to sue for harm or death on behalf of the father

Benefits to the mother:

• Shares parental responsibilities with the father
• Shares costs associated with raising the child
• Seeks child support payments
• Shares custody with the father
• Allows for parenting time

Benefits to the father:

• Gains legal rights to the child
• Ability to request custody or parenting time
• Forms a bond or relationship with the child
• Shows care for the child
• Participates in the life of the child

Do I Need an Attorney?

If you have questions regarding paternity, call Law Offices of Hibbeler & Associates today at 931-236-2711 or fill out a contact form for a free consultation.

Can You Relocate Your Child Without the Other Parent’s Permission?

When two parents go through a divorce, child custody can be one of the most stressful and contentious considerations involved in the process. Even when divorced parents can create a co-parenting plan that works for everyone involved, tensions can arise later. One of those can involve parental relocation if one parent wants to move themselves and the child or children far away from the other parent.

Why Might a Parent Want or Need to Move?

After divorcing, parents may only be tied together by their shared children. Their career, social lives, and other obligations may begin to grow apart, and it’s not impossible for one parent to need to make a fairly large move. They may need to move for a job or because they are remarrying, for instance.

What Are the Parental Relocation Laws in Tennessee Related to Child Custody?

Tennessee’s legal code specifically addresses this topic with parental relocation laws. If a custody order or co-parenting plan has been established through the family law courts, you can’t simply relocate as you please with a minor child without the cooperation of the non-relocating parent and/or the approval of the court.

These laws don’t apply to moves to nearby neighborhoods or even to new school zones. Tennessee law notes that for these particular parental relocation laws to apply, the move must be out of the state of Tennessee or to a location more than 50 miles from where the other parent lives.

Requirements for Giving Notice

If you share custody of a minor child and that child lives with you or spends some time at your house, you must provide the other parent with ample notice of a planned move outside of the state or more than 50 miles away. Under Tennessee law, notice should be provided in writing via certified or registered mail no later than 60 days before the move occurs. The court sometimes makes exceptions to this timeline to allow later notice, depending on the circumstances of the case.

The notice you send must also contain specific information, including a clear statement that you intend to move and when. It should also include where you’re moving to and why you are relocating. This notice must inform the other parent that they have 30 days from the date you sent the notice to object.

Petitioning the Court

If the other parent files an objection or you can’t agree with them regarding a new schedule for visitation given the pending relocation, you typically must file a petition with the court within 30 days before the move to seek court approval for the move.

What Does the Court Consider When Making a Decision on a Petition for Relocation?

First, the court will consider whether the other parent filed a petition opposing relocation. The other parent has a certain amount of time after you file a petition for relocation to formally oppose it if they haven’t done so already. If there is no objection from the other parent, the court is likely to approve the relocation unless there are mitigating circumstances.

If there is an opposing petition, the court must decide what is in the best interest of the child or children involved. Some factors that the court considers in making this decision include:

• The type and depth of the relationship between the child and both parents
• Whether there are other familial relationships to consider, such as siblings
• The needs of the child and how the relocation may impact how they are met
• Whether current relationships can realistically be maintained given the logistical and financial resources required to support visitation after relocation
• How the potential relocation might impact the quality of life of the parent making the move as well as the child or children involved
• Whether the child has any preferences in the matter if they are at least 12 years old

What Type of Decisions Might the Court Make?

If the court is asked to decide whether relocation is in the best interests of the child, it typically makes one of two decisions. The first is deciding that the relocation is in the best interests of the child. In this case, the court will modify the custody and parenting plan to meet realistic needs created by the new distance between the parents. The parents may be able to provide feedback on the plan or work together to develop some type of plan that the court can approve.

The court might also decide that the relocation is not in the best interest of the child. In this case, it may create an order for a new parenting plan that would go into effect if the parent decides to move anyway. This could mean that the parent is not able to take the child with them and may give up some custody or visitation with the child as a result.

The Importance of a Family Law Attorney

As you probably noticed, the rules regarding parental location and how they impact custody and visitation are complex. If you are involved in a dispute regarding parental location and child custody—or you believe you may need to move and want to ensure your parental rights are protected—consider speaking with a family law attorney about your case. You can reach out to the Law Offices of Hibbeler & Associates to talk to our team about how we can help by calling 931-236-2711.

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