Parker and LaDuke

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12/26/2023

When do older engaged couples need to get prenuptial (premarital) agreements in Tennessee?

More older couples are getting married than has historically been the case. Often both parties to the marriage have significant assets and have children from prior marriages. A prenuptial agreement can offer the parties some control over assets that are brought to the marriage and define how assets acquired during the marriage are classified.

Prenuptial agreements are valid if they meet certain requirements. In order to be enforceable there must be full disclosure of assets by both parties. This keeps either party from claiming there was fraud or misrepresentation in the agreement. To be enforceable, there must be no duress and the agreement must be fair to the less financially secure party. Contact us if you have questions about prenuptial agreements.

08/10/2023

How can I modify my Parenting Plan in Tennessee?

We are often asked how a parent can modify a Permanent Parenting Plan that they feel is not in the children's best interests. There are many reasons for a parent to want to modify a Permanent Parenting Plan. It could be a parent wanting to spend more time with the children, the children's preferences, school issues, parental stability, other people in the household or even housing issues.

For the court to consider modifying a Permanent Parenting Plan a Petition requesting modification must be filed with the court. Most Permanent Parenting Plans contain a provision requiring mediation before you file in court.

Iin cases that do not involve child abuse, in order to for a court to modify a Permanent Parenting Plan, it must (1) find that a material change of circumstances has occurred since the original Permanent Parenting Plan was entered and (2) find that the change is in the children's best interests.

What constitutes a material change in circumstances? This could include but is not limited to failure of a party to follow the Permanent Parenting Plan, such as not following the visitation schedule, or not honoring other provisions of the Permanent Parenting Plan such as joint decision making or not complying with the Tennessee Parental Bill of Rights. Many other factors such as those mentioned in the first paragraph can also be relevant to the determination as long as they occurred after the date the original Permanent Parenting Plan was adopted.

08/01/2023

How do I get visitation with my child when me and the mother were never married?

This is a common question we get from fathers when their child was born out of wedlock. In Tennessee, the mother is the custodial parent by operation of law when the child was born out of wedlock. The father has to pursue his rights to get court ordered visitation or co-parenting time. If the father has signed an Acknowledgement of Paternity form at the hospital when the child was born, he is the legal father and he can file a Petition in Juvenile Court asking for visitation/co-parenting time. The court will require mediation to see if an agreement can be reached. If not, then there will be trial before the Judge and he will decide what the visitation/co-parenting schedule will be.

If the father has not signed an Acknowledgement of Paternity form at the hospital and has not been legally determined to be the legal father in some other way, such as by a child support court, then he will need to file a Petition for Paternity to establish himself as the legal father before the court will consider his request for visitation/co-parenting time.

Either way, the father can get his court ordered visitation/co-parenting time with his child or children, but he has to pursue it.

Finally, if the father is the legal father, then even if he has no visitation rights, the Tennessee Parental Bill of Rights Act T.C.A. 36-6-101(a)(3)(A) give him significant rights to the child, such as telephone calls at least two times per week, the right to school information, extracurricular activity information and right to be informed of the child's itinerary when the child is taken out of state, among other rights.

05/25/2023

When can Child Support Payments be Modified?

If you are paying child support you may be able to get it lowered if your income has gone down, if you have additional children or you are spending more time with your children. The test is whether there is a fifteen percent (15%) variance between what you were originally ordered to pay and what your current obligation would be if calculated under your current circumstances. If there is a fifteen percent (15%) variance downward, then you are entitled to a reduction.

If you are receiving child support you may be able to have the child support raised if the obligor's income has increased, you have additional children or the obligor is spending less time with the children. Again, the test is whether there is a fifteen percent (15%) variance. If there is a fifteen percent (15%) variance upward, then you are entitled to an increase.

We can run the child support numbers to see if you could be entitled to a modification.

05/23/2023

Stepparent or Relative adoptions by Agreement with the Surrendering Parent or Parents in Tennessee

When a stepparent or relative and the surrendering biological parent or parents are in agreement that a child should be adopted, an agreed stepparent or relative adoption can be filed that is far easier, quicker and less expensive than filing to terminate the biological parents parental rights and then adopting the child.

If everyone is in agreement and signs the paperwork, the adoption can occur in less than thirty (30) days. If the child is fourteen years of age or older, then the child must also consent to the stepparent or relative adoption. The law allows expedited procedures when it involves an agreed stepparent or relative adoption and the process is less expensive than most people realize.

01/16/2023

On Martin Luther King Day, an excerpt from his prophetic speech on April 3, 1968, "I've been to the Mountaintop" the day before he was assassinated.

"Well, I don't know what will happen now. We've got some difficult days ahead. But that doesn't matter with me now. Because I've been to the mountaintop. And I don't mind. like anybody, I would like to live a long life. Longevity has it's place. But I'm not concerned about that now. I just want to do God's will. And he has allowed me to go up to the mountain. And I have looked over. And I have seen the promised land. I may not get there with you, but I want you to know tonight, that we as a people will get to the promised land. And I'm happy tonight. I'm not worried about anything. I'm not fearing any man. mine eyes have seen the glory of the coming of the Lord."

01/04/2023

New Tennessee Law (SB2398) effective January 1, 2023, extends the Age of Foster Care from 18 to 21 years and Allows Eligible Relative Caregivers to Receive Reimbursement for the Cost of Raising the Children

The new law extends the age of foster care to age 21 allowing the youth's transition into adulthood. There are requirements of minimum responsibilities for the young adult enrolled in the extension of foster care services.

In addition, the new law authorizes payment of financial support to cover costs of raising the child to eligible relative caregivers if certain requirements are met. The first three requirements are, 1. The child is not in state custody, 2. The relative caregiver is over 21 years of age, 3. The relative caregiver has custody of the child by court order. You should review the statute to get the full list of requirements.

01/02/2023

I hope everyone had a nice holiday season break. With the start of the new year the courts will soon be back to their regular schedules soon. This is the time of year when many people decide to address legal matters that are lingering or have been put off due to the holidays or other reasons. Common matters include making Wills, Powers of Attorney for finances and health care, child support modifications, child custody changes, and agreed and contested divorces. If you like, we would be happy to discuss any of these issues by phone or email and can arrange a consultation that is convenient for you.

02/23/2022

Tennessee divorce when you don't know where your spouse is.

Many people seeking divorces do not know where their spouse is, particularly if they have been separated for a long time. What is the solution? How do you serve them with divorce pleadings? You can serve them by publication in the newspaper. It must be run in the newspaper for four consecutive weeks and then they will have thirty days to respond. If they do not respond, the case can be set for a hearing and the divorce can be finalized. There are certain procedural requirements that must be followed such as the filing of an affidavit with the court of the efforts to locate the spouse prior to the court authorizing service by publication in the newspaper. But if the rules are properly filed the divorce can be accomplished even if you cannot locate your spouse.

01/17/2022

On Martin Luther King, Jr., Day, an excerpt from his prophetic speech on April 3, 1968, "I've been to the Mountaintop" the day before he was assassinated.

"Well, I don't know what will happen now. We've got some difficult days ahead. But that doesn't matter with me now. Because I've been to the mountaintop. And I don't mind. Like anybody, I would like to live a long life. Longevity has it's place. But I'm not concerned about that now. I just want to do God's will. And he has allowed me to go up to the mountain. And I have looked over. And I have seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people will get to the promised land. And I'm happy tonight. I'm not worried about anything. I'm not fearing any man. Mine eyes have seen the glory of the coming of the Lord"

09/17/2021

Divorce and Family Law filings Increase

Many people in Tennessee who have put off legal action in domestic cases because of the pandemic are now pursuing cases in court. Divorce filings are increasing in many areas since many were put off during quarantines and business shut downs. Unfortunately, in some cases the quarantines have also added to family stress and increased domestic violence which has resulted in additional divorce and Order of Protection filings. Other matters like adoptions and child support and custody modifications also appear on the rise. If you would like to discuss your options in a family law matter, we are available for prompt consultations for a reasonable rate.

08/15/2021

Many Tennessee courts are reinstating face mask mandates due to the ongoing Delta Variant coronavirus surge. This is disappointing because many people thought the mask mandates were over for good. The good news is it doesn't appear that there will be any future court closures due to the virus. Also, it appears that there should not be any delays in the Tennessee courts hearing the pending cases or in any new cases filed, at least in the area of domestic practice such as divorces, child support, child custody, adoptions and modification cases.

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Knoxville, TN
37922

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