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If the parents of a child weren’t married, the mother automatically has full custody until otherwise established with the courts. The father of the child will have no legal custody or visitation rights until he establishes legal paternity and files for custody through the family courts. This is important to understand to avoid acting in a way that could damage your custody case later on.

If you aren’t married to your child’s other parent and you have questions about your parental rights or what to expect from a custody hearing, we can help. Our law firm has experienced family law attorneys who are familiar with these types of cases and can help you fight for your children.

Does Signing the Birth Certificate Give Me Paternal Rights?

Signing the birth certificate does not automatically grant an unmarried father parental rights. While it can help show that the mother at one point recognized that you were the biological father of the child, a father’s parental rights have to be established through the courts if he was not married to the mother of the child at the time of the birth.

How Do I Get Custody and Visitation Rights?

To get custody and visitation rights to your child, you will need to file a petition in the family law courts. The petition should outline that you are the proven biological father of the child, that you want to establish and nurture a relationship with the child, and that having a relationship with you is in the child’s best interests. If the mother disagrees and is not willing to come to a compromise on custody and visitation, the matter will go before a judge who will make the final decision and establish the court orders.

How Do the Courts Establish Paternity?

To establish legal paternity, the father will need to sign a voluntary declaration of paternity or complete a paternity test. If the mother refuses to cooperate, the father may have to petition the courts to order a paternity test and enforce that order to ensure that the child can be tested to determine paternity. Once paternity has been legally established, the father has the basis to file for custody and/or visitation rights through the family courts.

If you are fighting for custody of your children and you weren’t married to the other parent, it’s important to have an attorney by your side who understands what it takes to navigate these types of cases through the courts. Call our law office at 931-236-2711 to get started.

In the state of Tennessee, unmarried fathers do not have any rights to their children until they have been legally established as the father in the family courts. This means that the mother has sole decision-making power as to what happens with the children and when you are allowed to see them. It is up to the father to go through the process of establishing their rights to be able to get things like court-ordered visitation or even joint custody.

If you are a Tennessee father and you are wondering what your rights are, contact our law firm today. It is important to know what you are entitled to and how to pursue those rights through the family court system.

What Rights Do Married Fathers Have?

Married fathers have more inherent rights than unmarried fathers. That is because any child that is born during a marriage is legally assumed to be the child of the husband. That means the father does not have to go through the same process of establishing paternity, which is the first step to pursuing a custody case or visitation rights. Until court-ordered custody has been established and a visitation schedule put in place, married fathers have the same rights to the children as the mothers.

Do the Family Courts Favor the Mother?

It is a common belief that the family courts favor the mother when it comes to child custody cases, and in the past, this was true. Decades ago, mothers were more likely to be the stay-at-home parent or the primary caregiver, which is why they were often awarded more time with the children after a divorce. However, the modern court system recognizes that children need both parents and puts the best interests of the child at the forefront of any decision.

How Do I File for Custody?

If you were never married to the mother of your child, the first step to filing for custody is to establish paternity, either through a voluntary acknowledgment or a court-ordered paternity test. Once that has been established, the process is the same for unmarried fathers as married fathers. You will need to contact a family law attorney to discuss your case and then file the proper paperwork with the family courts to ask for either the establishment of a custody order or a change to an existing order that grants you shared or sole custody of the children.

If you are being kept from your child or are considering a change in custody or visitation, call our office at 931-236-2711 to schedule a free consultation. One of our attorneys can help you understand what your rights are and how to move forward with your case.

Being charged with simple possession means that you are being charged with possession of some type of controlled substance. The difference between simple possession and possession with intent is that simple possession means that the officers believe the substances were only for personal use. Possession with intent means that you are suspected of having the substance on your person with the intent to sell or distribute it to others.

Being charged with possession is a serious matter. Our law firm has a team of experienced criminal defense attorneys who understand how to defend against these types of charges. Call our firm to schedule a free consultation to find out more about how we can help.

What Are the Consequences of Simple Possession?

Simple possession is classified as a misdemeanor for a first and second offense. For a first offense, you can face up to a year in jail and a fine of up to $750. If it is your second offense, the jail time is still up to one year, but the fine increased to up to $850. A third offense changes the simple possession charge from a misdemeanor to a felony, which can mean increased jail time and a larger fine, as well as a felony conviction on your record.

Can I Get a Simple Possession Conviction Expunged?

It is possible to get a simple possession conviction expunged under Tennessee law, but there are some specific guidelines for eligibility. First, you must not have any prior criminal convictions for a simple possession charge to be expunged. Expungements are generally to give people a second chance at a clean slate, so if you already have convictions, you are not eligible for expungement. You also have to have paid all fines and court costs associated with your case and served your sentence, including any probation time. You have to wait five years after your sentence to request an expungement.

Do I Need an Attorney for a Simple Possession Charge?

If your simple possession charge is a misdemeanor, you may think that it isn’t worth it to go through the process of hiring a defense attorney. However, a lawyer can help you better understand the charges against you and may be able to find a way for the charge to be dropped entirely or lowered to a lesser charge. If you’ve already pled guilty or been convicted, an attorney can explain your options for having the charge expunged and what you can do to start moving forward with your life after you’ve served your time.

If you are dealing with a charge of simple possession, reach out to our firm at 931-236-2711. You can schedule a free consultation to find out how we can help in your specific case and what it looks like to partner with our firm.

Domestic assault is the equivalent of a simple assault charge in Tennessee, but it is separated into its own category because of who it involves. For an assault to be charged as domestic assault, it has to occur between a married or cohabitating couple, roommates, those who are related by blood, or parent and child. Domestic assault is charged as a misdemeanor, and if convicted, you could spend up to one year in jail and have to pay a fine of up to $2,500.

Domestic assault charges are very serious, and a conviction of this type on your record can follow you for the rest of your life. Get the representation you need when you call our firm and hire one of our attorneys.

What Is Aggravated Domestic Assault?

Aggravated domestic assault is an assault that takes place between the same parties listed above, but this charge indicates that there was a deadly weapon involved, that the alleged assault included broken bones, or that the defendant choked or stabbed the victim in the process. Aggravated domestic assault charges are much more serious than simple domestic assault charges. Aggravated domestic assault is a felony. It carries a sentence of up to 15 years in prison and a fine of up to $10,000.

Can Domestic Assault Charges Affect My Custody Case?

If you are in the middle of a divorce or custody dispute, being charged with domestic assault can have a significant effect on your case. It can indicate to the courts that you are not able to provide a safe and nurturing environment for your child, and it can mean that you are left with only supervised visitation or no access to your child at all. If you are charged with domestic assault, it’s very important that you tell your attorney about any ongoing custody issues so that they can take steps to help you protect your relationship with your children.

What Should I Do If I’m Arrested for Domestic Assault?

If you have been arrested for domestic assault or aggravated domestic assault, contact a criminal defense attorney as soon as possible. There may be options for getting the charges dropped or reduced, and the sooner a lawyer is involved and representing you, the better. Tell your attorney everything that happened before, during, and after the alleged incident so that they have a clear understanding of the events and can start formulating a defense strategy.

Make sure that you have someone on your side and fighting for your rights when you hire one of our attorneys. Call 931-236-2711 to get started by scheduling a free consultation.

Enlisted soldiers have access to a number of resources on base, including legal assistance. Because of this, service members often assume that the military will provide them with an attorney if they run into legal issues. You need to know that the military will not cover attorney’s fees for soldiers, except under very specific circumstances.

Our legal team detailed a few of the most common scenarios we see in the descriptions below.

So, When Will the Military Cover Attorney’s Fees?

If you encounter a legal issue off post

If you’re arrested off post, the military will not cover your legal fees. You need to hire your own attorney. Soldiers don’t usually qualify for public defenders, so you will have to retain a criminal defense attorney for yourself. The military will not cover expenses or legal fees related to off-post legal matters.

The same goes for Family Law cases like divorce or custody matters. While some of these cases can technically be handled pro se (without a lawyer), legal matters can get complicated for military families. See our articles on military divorce matters and child custody for more information.

**We suggest booking a free consultation with an attorney before trying to start any legal process on your own.

If you get arrested on post

If you’re arrested on post, the military will very rarely cover your legal fees. The military courts, like civilian courts, do have a public defender system. However, most of the time you will be required to hire your own attorney. In other words, don’t rely on the military’s public defender system. Be proactive and schedule a consultation with an attorney.

**Check out our blog post on choosing the right defense attorney for additional insight.

If you are charged with a court-martial

Court-martials are the exception. The military can provide you with an attorney (a JAG lawyer) under these circumstances. You may also choose to hire a private attorney, or you can choose to have both a JAG lawyer and a private attorney. However, keep in mind that the military will only cover fees for a military (JAG) lawyer in these cases.

**Our firm is one of just a few local law firms qualified to represent defendants in Court-Martials. Should you choose to hire a private attorney, you can certainly book a free consult with our firm.

Some Final Thoughts & Resources Related To Legal Representation for Active Duty Soldiers:

Bottom Line: If you run into legal issues as an active duty soldier, you will need to retain your own attorney. Court-martials are the only exception. Although attorney’s fees are not covered by the military, there are a number of legal services they do provide. The American Bar Association has a detailed overview of the services that are covered by Military Legal Assistance.

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

An expungement is a court-ordered process in which the legal record of an arrest or criminal conviction is “sealed” or erased in the eyes of the law. Most people think that when their case has been dismissed or the State has chosen not to prosecute that their record will be clean of those charges. However, if someone was to do a background check on you these charges could still reflect on your record that you were once charged with a crime. This situation could possibly prevent you from obtaining employment, renting an apartment, or cause other problems.

What type of charges are eligible to be expunged? Any and all charges that have been dismissed, “nolle prosequi,” or “retired” can be expunged. In certain cases convictions can now also be expunged in Tennessee. Tennessee Code Annotated § 40-32-101 (g) governs which convictions are eligible for expungement. Typically these charges cannot be DUI related, sexual crime related, or violent crime related. You will find that most misdemeanor crimes and some E felonies are eligible. For crimes that are eligible to be expunged the following conditions must also be met:

• You must have no other convictions other than the one you wish to have expunged;
• You must have completed all terms of your sentencing, including having paid all fines, fees, and assessments;
• You must have remained free of alcohol or substance abuse for one year;
• At least five years must have passed from the completion of your sentence to the time of filing for expungement;
• A fee must be paid to the Court Clerk upon filing of your Petition for Expungement (**The current fee in Tennessee is $450.00 but is subject to change at the Court’s discretion).

Retain the services of Hibbeler and Associates to complete your expungement today! We know Tennessee laws and Court procedures and will submit your expungement immediately!

Short Answer: Absolutely. The judge will not punish you for being active duty. And a good attorney will have the experience and foresight necessary to fight for primary or sole custody on your behalf. Our attorneys recognize the demands of military service, but your service should not affect your rights to your child.

What Will The Judge Consider When Determining Custody?

If both parties can come to an agreement on who gets primary custody, you can avoid a trial. However, if there is a disagreement about custody, then the case will likely go to court. Once in court, the judge refers to a list of “Best Interest Factors” to determine which parent gets primary custody.

“Best Interest Factors” are listed under Tennessee code 36-6-106. These factors consist of items like “the stability of the family unit” and “the love, affection, and emotional ties existing between the parents or caregivers and the child.” The court uses the items on this list to determine custody, and you will want a strong lawyer prepared to fight for you.

What Can My Lawyer Do About It?

Your trusted family law counsel will gather comprehensive information about your circumstances, your relationship with the other parent, and your child. They will then use this information to tailor your case according to the Best Interest Factors mentioned above.

**First consults are usually free of charge (a bit of good news). Our office offers free consultations for all family matters (even better news!). Get more info on our attorneys here.

Some Final Thoughts & Resources Related To Getting Primary or Sole Custody As A Military Parent:

Bottom Line: Your military service should not impact your ability to obtain primary or sole custody. Our attorneys have clients that are both active duty and primary caregivers, so it is certainly possible. The best next step is to book a consultation with a family lawyer to get a better understanding of your case.

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

There are over 6,000 DUI citations issued every year in the state of Tennessee. We all try to be responsible, and we hope our loved ones make the right choices too. But bad decisions happen, and driving under the influence is (unfortunately) a pretty common one. If you’re dealing with a DUI citation, you’ve likely found yourself wondering if it’s worth it to hire a private attorney. Maybe you don’t understand the legal process, and you’re worried about the cost of legal services. These concerns are normal. It is for this reason that our legal team decided to put this post together. In it, we will provide information to help you determine whether or not you should hire a private attorney for a DUI charge.

To Hire Or Not To Hire–That Is The Question.

Bottom line: You will get a more comprehensive approach to your case from an attorney you’re paying than you will from an attorney that you don’t. This may seem obvious, but it’s something that needs to be emphasized early on. You’re weighing the financial cost of legal fees against the personal cost of your case getting mishandled. It’s a difficult thing to do! First and foremost, you need to understand the process:

So You’ve Been Charged With A DUI. Now What?

After getting charged and arrested for a DUI, most people make bond within 48 hours. Then you receive an appearance date. If you hire a private attorney, the attorney will navigate this process on your behalf. They will request necessary evidence and work with the court to potentially get the charges reduced or dismissed. In order to stay informed and ensure you’re getting the best representation, you need to work with a lawyer that communicates with you and prioritizes your case. All attorneys are busy, but good lawyers have knowledgeable paralegals that can assist you when they’re in court.

You See Our Point, But What About The Cost?

Private attorneys = more comprehensive assistance. Cool. But you’re still having trouble determining whether hiring a private attorney over a court-appointed lawyer is worth the cost. We get it–finances are always a factor in these decisions. The best next step is booking a free consult with an attorney. It’s nearly impossible to attach a price tag to your case without meeting with an attorney first. There are so many factors that influence how your case will proceed and what casework is required. Promising a price before understanding your unique case is a no-go.

Take advantage of your free consult to gather information on your case. Only then can you figure out payment plans and cost of service.

Some Final Thoughts & Resources Related to Hiring A Private Attorney For A DUI/DWI:

Once you book that appointment, you can rest assured that you will get all the information you need on how the legal process works and what possibilities are available for your unique situation. For more info on how to choose the right defense attorney, check out our other blog post, “Choosing The Right Defense Attorney,” filed under the Legal Blog tab.

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

Have you ever been in trouble before and made a potentially life altering mistake? Worried about a black mark on your record? Take a deep breath. Tennessee allows first time offenders (citizens who have never pled guilty to or been convicted of a crime) to resolve their charges with specialized probationary periods called diversions. Upon successful completion of probation, the charge may be dismissed and expunged from the defendant’s record.

What is a Diversion?

A diversion is a special type of disposition for criminal charges generally reserved for first time offenders which allows defendants to maintain an unblemished record.

There are two types: Pre-Trial Diversion (TCA § 40-15-105) and Judicial Diversion (TCA § 40-35-313). A Pre-Trial diversion is exactly as it sounds. Defendants preemptively agree to the terms of diversionary probation prior to entering a plea or standing trial. If the probationary period is not completed a defendant would still be entitled to all of the rights they would have been had they not entered into the diversion i.e. plea bargaining or standing trial. If it is completed satisfactorily, then the charges are dismissed and may be expunged from the defendant’s record.

Conversely, a Judicial Diversion in Tennese begins after a defendant pleads guilty to the charge. However, entry of the plea is suspended, pending the outcome of the probationary period. If the probationary period is completed, the charge is dismissed and the plea is never entered. Just like a Pretrial Diversion the charge may be expunged from a defendant’s record. However, if a defendant does not comply with the terms of probation for the period agreed upon, the guilty plea is automatically entered against the defendant. Consequently, failure to comply with the terms of probation in a judicial diversion in TN means that defendant would have no right to a trial since the guilty plea is automatically entered.

So what’s so special about Pretrial and Judicial Diversions? Even if you are guilty, the charges against you can be dismissed and expunged from your record! Diversions are typically the best option for eligible defendants. Diversions are the closest thing to a real world “Get Out of Jail Free” card.

Not all charges may be diverted, the following are ineligible:

-Judicial Diversion-

• Any Class A or B Felony
• Elder Abuse and Neglect
• Abuse and Neglect of an Impaired Adult
• Driving Under the Influence
• Vehicular Assault (if related to DUI)
• Any Sexual Offense (Aggravated Rape, Rape, Aggravated Sexual Battery, Sexual Battery by Authority Figure, Statutory Rape by Authority Figure, Aggravated Prostitution, Sexual Exploitation of a Minor, Rape of a Child)

-Pretrial Diversion-

• Any felony offense
• Driving Under the Influence
• Domestic Assault
• Child Abuse, Neglect, or Endangerment
• Any Sexual Offense (Sexual Battery, Statutory Rape, Indecent Exposure, Prostitution, Patronizing Prostitution, Promoting Prostitution, Aggravated Prostitution, Sexual Battery by Authority Figure, Solicitation of a Minor, Soliciting Sexual Exploitation of a Minor/Electronic, Sexual Contact by Authority Figure)

If you have been charged with a criminal offense and want to know whether a diversion is an option for you, give our Montgomery criminal lawyers a call.