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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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Divorce is a life-altering event that brings numerous emotional and financial challenges. Among the financial aspects, alimony—also known as spousal support or maintenance—plays a significant role in shaping the economic future of both parties. Alimony decisions can profoundly impact financial stability post-divorce, influencing living standards, career choices, and long-term financial planning.

Understanding Alimony

Alimony is a legal obligation to provide financial support to a spouse after separation or divorce. Its purpose is to mitigate the economic disparity between spouses, ensuring that both parties can maintain a reasonable standard of living post-divorce.

Types of Alimony

There are several types of alimony, each serving a different purpose and intended duration. Every divorce is unique, and sometimes, different types of alimony are appropriate for a couple’s circumstances.

Temporary Alimony

Temporary alimony is granted during the divorce proceedings and provides financial support until the final divorce decree. Payment ends after the divorce is final.

Rehabilitative Alimony

Designed to support a former spouse while they gain education or training to become self-sufficient, rehabilitative alimony is typically short-term.

Permanent Alimony

Permanent alimony, which is paid indefinitely or until the receiving spouse remarries or either spouse passes away, is less common but can be applicable in long-term marriages with specific arrangements.

Lump-Sum Alimony

A one-time payment made instead of periodic payments, lump-sum alimony provides immediate financial support from one spouse to another.

Factors Influencing Alimony Decisions

Courts consider various factors when determining alimony, aiming to achieve a fair and equitable arrangement for both partners.

Duration of the Marriage

Due to the greater interdependence that develops over time in a relationship, longer marriages are more likely to result in alimony awards, particularly in cases of permanent alimony.

Standard of Living

The standard of living established during the marriage is a critical consideration, as courts strive to maintain this standard for both parties post-divorce. A divorce is not expected to leave either party to make significant sacrifices in their standard of living.

Financial Resources and Needs

Courts evaluate the financial resources and needs of both spouses, including income, assets, and earning capacity, to determine appropriate alimony amounts.

Contributions to the Marriage

Non-financial contributions, such as homemaking and childcare, are also considered, recognizing the high value of these roles in the marriage. A spouse who performed domestic tasks to support the family performed an essential component of the work that allowed their partner to work outside the home, start a business, or other financial considerations.

Age and Health

The age and health of both spouses can influence alimony decisions, particularly in cases where one spouse has limited earning potential due to age or health issues.

Impact on Financial Stability

Alimony decisions can significantly affect the financial stability of both the paying and receiving spouses, shaping their economic futures in various ways.

For the Receiving Spouse

Economic Security

Alimony provides a financial safety net for the receiving spouse, ensuring they can meet their basic needs and maintain a reasonable standard of living post-divorce.

Time to Rebuild

Rehabilitative alimony offers the receiving spouse time to gain education or training, enhancing their earning potential and long-term financial stability.

Potential Dependency

However, reliance on alimony can lead to dependency, making it challenging for the receiving spouse to achieve true financial independence.

For the Paying Spouse

Financial Strain

Paying alimony can impose a significant financial burden, particularly if the paying spouse has limited income or substantial financial obligations.

Impact on Lifestyle

Alimony payments can necessitate lifestyle adjustments for the paying spouse, affecting their ability to save, invest, and plan for retirement.

Motivation for Career Advancement

The financial responsibility of alimony can motivate the paying spouse to pursue career advancement and higher income opportunities.

Legal Framework and Reforms

The legal framework governing alimony varies by jurisdiction, with recent reforms reflecting changing societal norms and economic realities.

Trends in Alimony Reform

Many jurisdictions are moving towards limiting the duration and amount of alimony, emphasizing the need for both parties to achieve financial independence.

Considerations for Legal Professionals

Legal professionals play a crucial role in navigating alimony decisions, advocating for fair and equitable outcomes, and considering the long-term financial implications for their clients.

Practical Considerations

Both parties should approach alimony decisions with careful consideration, understanding the long-term financial implications and exploring alternatives.

Negotiation and Mediation

Negotiation and mediation can provide a collaborative approach to alimony decisions, allowing both parties to reach a mutually acceptable arrangement without court intervention.

Financial Planning

Comprehensive financial planning is essential for both the paying and receiving spouses, helping them manage their financial obligations and plan for a stable future.

Legal and Financial Advice

Receiving legal and financial advice that applies to your unique situation is crucial to understanding the complexities of alimony and making informed decisions that align with long-term financial goals.

Seek Legal Guidance

Alimony decisions profoundly impact financial stability post-divorce, shaping the economic futures of both parties. Understanding the various types of alimony, factors influencing decisions, and practical considerations can help individuals navigate this challenging aspect of divorce with greater confidence and clarity.

Whether through legal action, negotiation, or comprehensive financial planning before separation is considered, achieving a fair and equitable alimony arrangement is essential for ensuring financial stability and long-term well-being post-divorce.

Call the Law Office of Hibbeler & Associates at 931-236-2711 to schedule a free 30-minute case evaluation today. We’ll help you make a plan to minimize the negative impact of alimony considerations in your divorce.

What is Domestic Assault?

Domestic assault in Tennessee is a distinct category of assault that involves specific relationships between the accused offender and the victim. Understanding the nuances of the state’s assault laws and related penalties is essential for anyone facing such charges. The risks posed by the potentially serious ramifications of a domestic assault conviction underscore the importance of securing experienced legal representation from a knowledgeable domestic assault defense attorney as soon as these allegations are made.

What is the Difference Between General Assault and Domestic Assault in Tennessee?

General assault in Tennessee involves knowingly, intentionally, or recklessly causing bodily injury to an individual, causing another person to reasonably fear imminent bodily injury, or initiating physical contact that a reasonable person would regard as provocative or highly offensive. While the actions constituting assault are similar for both general and domestic assault, the critical difference lies in the relationship between the perpetrator and the victim, which elevates the offense to domestic assault when specific relational criteria are met. Domestic assault is a subcategory of assault that is defined in § 39-13-111 of the Tennessee Code and encompasses any assaultive actions committed against a “domestic abuse victim.”

While many people may associate domestic violence with incidents occurring between married individuals, the state’s laws outline a wide range of relationships where domestic assault can happen, such as:

• Current or former spouses
• Those who are dating or have dated
• Individuals who live together or have previously lived together
• Individuals related by blood or adoption
• Children of persons in these categories

The broad definition of domestic abuse victims utilized by the state ensures that various forms of intimate and familial relationships are covered under the statute. This reflects the unique dynamics of the many varieties of interpersonal connections people have and the potential for harm in these contexts.

How Do the Penalties for Domestic Assault and General Assault Compare?

The legal consequences of domestic assault can be life-changing and vary depending on the severity and nature of the offense. For a first-time misdemeanor domestic assault, the penalties can include up to 11 months and 29 days in jail and fines up to $2,500. However, subsequent offenses within ten years or those involving bodily injury can lead to more severe penalties, including expensive fines and lengthy mandatory minimum jail sentences. For instance, a second conviction involving bodily injury can result in a fine between $350 and $3,500 and a jail term of 30 days to nearly a year. A third or subsequent conviction can escalate to a Class E felony, carrying a mandatory minimum of 90 days in jail and fines up to $5,000.

In comparison, simple assault, typically a Class A misdemeanor, can result in a maximum penalty of one year in jail and fines up to $2,500. Aggravated assault, a more serious offense resulting in serious bodily injury or involving a deadly weapon, is classified as a felony and can lead to much harsher penalties, including several years in prison and substantial fines. In cases of domestic violence, the presence of aggravating factors like strangulation or the use of a gun, knife, or other object brandished as a weapon can escalate what may have been a misdemeanor domestic assault charge to a felony aggravated assault charge.

How Else Can a Domestic Assault Charge Affect Your Life?

Beyond the immediate legal penalties, a domestic assault conviction carries significant social consequences. One of the most impactful is the mandatory loss of the right to possess firearms, which is a lifetime prohibition for those convicted of domestic violence offenses. The loss of firearm rights can affect an individual’s personal security, sporting pursuits, and employment opportunities in certain professions, such as law enforcement. Additionally, individuals convicted of domestic assault may face restraining orders, mandatory counseling or treatment programs, and social stigma that can negatively affect their relationships and standing in the community.

The social ramifications of a general assault conviction, while serious, may not be as far-reaching as those for domestic assault. However, any criminal conviction can lead to difficulty securing employment, finding housing, and maintaining personal relationships. The stigma associated with violent offenses can also lead to social isolation and long-term reputational damage.

Why Consult With a Skilled Domestic Assault Defense Attorney?

Given the potentially life-altering consequences of a domestic assault conviction, hiring an experienced defense attorney is vital. A knowledgeable attorney can navigate Tennessee’s often complicated legal system, challenge the prosecution’s evidence, and work to mitigate the charges or penalties. They can also provide crucial guidance on plea deals, possible defenses, and the long-term implications of various legal strategies.

Your criminal defense attorney will understand the key elements of domestic assault cases, including the specific statutory requirements for each charge and the potential for enhanced penalties based on the details of your case. They can advocate for alternative sentencing options, such as counseling or treatment programs, which may be more beneficial for you and the alleged victim.

How Can We Put Our Experience to Work For You?

Domestic assault in Tennessee is a distinct and serious assault offense that carries significant legal and social implications.

The statutory definition encompasses a wide range of intimate and familial relationships where harm can occur, reflecting the unique dynamics of domestic violence. The penalties for domestic assault can be severe, especially for repeat offenders or those causing bodily injury, and the impacts on an individual’s career and community reputation can be long-lasting.

Mounting a strong defense against accusations as soon as possible can be essential for your future. An experienced domestic assault defense attorney from the Law Office of Hibbeler & Associates can provide crucial guidance in your case, uphold your rights, and help you determine the best steps for moving forward. For a free, in-depth case evaluation, contact our law firm at 931-236-2711.

Can You Prevent the Other Parent From Seeing Your Shared Child if They Haven’t Paid Child Support?

Child support is an integral part of a Tennessee parenting plan. The courts attempt to ensure that a reasonable amount of child support is ordered based on factors including both parents’ incomes, their parenting schedule, and the needs of the child. A fair support agreement helps make certain that both parents contribute to the necessary expenses for raising their child, even if one parent does not have legal custody or equal residential parenting time.

It can be very frustrating and financially challenging for the custodial parent if court-ordered child support payments go unpaid. However, the legal system in Tennessee treats child support and visitation as two separate issues. The failure of a payor to stay current on child support payments does not legally affect their right to visitation with their children. If the parent receiving payments withholds visitation due to unpaid child support, they would be violating the terms of their parenting agreement and may face legal consequences. If you have concerns about unpaid child support, a Clarksville child support attorney can evaluate your situation and help you explore alternative legal methods for enforcing the payments ordered by the court.

What Can Happen if You Try to Prevent Visitation by a Non-Paying Parent?

Tennessee law emphasizes the importance of both parents having a relationship with their children, regardless of the status of child support payments. The state’s courts prioritize the child’s best interests, which typically include maintaining regular and consistent interactions with both parents. Keeping support payments and parenting time arrangements separate ensures that financial disputes do not compromise the child’s welfare and access to both parents.

While it may be tempting for an upset payee to try to persuade the payor to catch up on their support payments by withholding visitation, it is not an effective method and could result in legal difficulties. If a payee interferes with the court-ordered visitation schedule as a means to recover child support payments, they are effectively breaching a court order and could be held in contempt of court. In the worst-case scenario, the payee could face fines or jail time. Luckily, enforcement mechanisms are in place for collecting unpaid child support that do not involve denying visitation rights.

How Can You Ensure Child Support is Enforced?

Tennessee has a comprehensive system to ensure that parents fulfill their financial obligations toward their children. If you are not receiving the support defined in your parenting plan, your first step should be to contact the Tennessee Department of Human Services (DHS) child support enforcement office to report the non-payment and request their assistance in collecting the overdue support. You should also reach out to an experienced child support attorney to discuss effective enforcement options, including:

• Wage and income withholding: The Tennessee DHS may issue automatic wage withholding orders, directing employers to deduct a specified amount from the payee’s paycheck and forward it to the state for application towards the child support obligation.
• Intercepting tax refunds: If the payee is significantly behind on their child support payments, the payor can request that their tax refunds be intercepted to satisfy some of the unpaid balance.
• Taking legal action: A judge might hold the payee in contempt of court for violating an existing child support order, potentially resulting in jail time or fines. Unpaid child support may also lead to the revocation of state-issued licenses, such as driver’s licenses or professional licenses. In severe cases where the payee has moved out of state or taken other extreme measures to avoid paying support, they may be charged with flagrant non-support, which is a Class E felony.

Is a Failure to Pay Child Support a Legally Viable Justification for Modifying a Tennessee Parenting Schedule?

On its own, non-payment of child support is not a valid reason to request a modification in your parenting schedule. However, if the payee is not fulfilling other important parenting obligations, you may have a reason to seek modification. Under Tennessee Code Annotated § 36-6-101, a request for modification must provide evidence of a material change in circumstance that warrants the alteration. Examples of material changes may include a failure by the other parent to stick to the current parenting plan or a change in their circumstances, such as a new marriage or a change in employment and working hours, which could impact the well-being of the child. The court will examine the information provided with your modification request to determine if the desired changes serve the best interests of the child. A knowledgeable Tennessee modifications attorney can help you determine if changing your parenting schedule is appropriate for your situation.

Can a Payee Seek a Modification of Their Support Payments?

Sometimes, payees become delinquent on their child support obligations due to financial hardships, such as job loss. If the current child support order does not accurately reflect their economic situation, they may be able to request a modification to their payments. While this typically does not change the amount of back child support they owe, it may make it easier for them to catch up and avoid legal consequences.

How Can Our Law Firm Assist You?

If you are considering refusing visitation to a payee over unpaid child support, it’s time to speak with a lawyer about other, more effective methods of recovering back child support payments. Taking matters into your own hands and withholding parenting time can backfire and lead to unintended consequences. Our skilled child custody lawyers at the Law Office of Hibbeler & Associates can ensure your rights are protected and your child’s best interests are served throughout the legal process. Contact our firm today at 931-236-2711 to schedule a free 30-minute case evaluation.