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Family Law Archives

What is an Order of Protection?

What is an Order of Protection? A Petition for Order of Protection is a civil (not criminal) case in which the the alleged victim (Petitioner) is suing the alleged perpetrator (Respondent) and claiming he or she needs immediate protection due to domestic abuse, stalking, or sexual assault. There must be a family or domestic relationship between the two, with the exception of a sexual assault allegation. The Petitioner has the burden to prove the allegations occurred. At the time the Petition is filed, if good cause is shown the Petitioner can be granted a temporary order of protection, which immediately goes into effect.

Divorce and Child Custody in Tennessee

Tennessee is home to picturesque mountain views and gorgeous landscapes, but residents of the state still have to deal with the stark realities of divorce. Despite best efforts and intentions, some relationships reach a point at which separating is best, but this can be especially difficult for parents who are seeking a divorce.

You can be charged with failing to protect your children

Juvenile courts in Tennessee have exclusive original jurisdiction to hear matters concerning the dependency and neglect of children. These can be brought by private parties, or by the State filing a petition. These are typically the result of an investigation by the Department of Children's Services ("DCS") upon a referall by private actors, medical institutions, or law enforcement. The recent case of In Re Antoine J., et al., highlights the issues involved when abuse or neglect is committed by the romantic partner of the parent.

Tennessee does not recognize common law marriage

Tennessee doesn't recognize what other states consider to be "common law marriages." Some states allow common law marriages to be formed when two individuals in a relationship cohabitate for a set period of time. This would then create a marital union to allow for support, alimony, and surviving spouse benefits upon death. A recent case has highlighted the issues that arise when individuals who were in such a recognized relationship in another state move to Tennessee.

Can you seek child support as an undocumented resident?

Whether due to a divorce, separation from your partner or more, you may find yourself in the position of seeking child support payments from your child's other parent to adequately provide for your child. Child support payments are meant to assist children by providing the resources they need to grow and develop.

Grandparent Visitation in Tennessee

In Tennessee, grandparents can obtain court-ordered visitation with their grandchild, although in limited circumstances. These include the death of a parent, when a parent is missing, if the child's parents are not married, or if the child has lived with the grandparents for at least a year before being removed by the parents. So what kind of visitation schedule can a grandparent obtain?

La Terminación de los Derechos de los Padres es Aclarada por la Corte Suprema

Termination of Parental Rights Clarified by Supreme Court

The Tennessee Supreme Court recently entered a ruling that clarified what Judges must look at when a case is brought before them attempting to terminate the parental rights over a child. If you have a termination of rights case, or want to know more about your rights, please continue reading below. 

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