• Family Law
  
  
• Divorce
  
  
• Custody
  
  
• Child Support

• Contempt
  
  
• Paternity
  
  
• Adoption
  
  
• Dependent Neglect

Family/Domestic Law

Whenever I tell people I practice Family or Domestic Law, I often encounter a curious look, followed by the question, “So what does that entail?”  I typically respond, divorce, child custody, child support – not the type of stuff that  plays out on television dramas like Boston Legal or the Practice, but rather the real issues that play out in real life and profoundly affect people in every walk of life regardless of age, socio-economic status, education or ethnic background. 

I usually share the story of John and Jane Doe to illustrate my point.  John has a child from a previous marriage for whom he was ordered to pay child support.  Unfortunately, John lost his job and had difficulty finding comparable employment.  Instead of seeking a modification to reduce his child support, John did nothing and continued to fall behind on his payments.  Jane tried to help, but her income barely covered their day to day living expenses.  Finally, Mary, the ex-wife, filed a contempt petition against John based on his failure to pay child support.  John was found guilty of contempt and ordered to pay Mary the past due support within ten days or he would have to sell his house in order to payoff the judgment. 

John Doe’s story illustrates how profoundly family domestic law issue impact people’s lives.  Because in this example Jane is part owner of the house, so one would pose the question “How could the Court order the house be sold without Jane having her day in Court?”  If the house sold where would Jane and her children go?  In which I would respond, John went to Court without an attorney and I received a call from Jane the day after Court.  Sad to say, I could not help Jane because she lives in another state, but I did explain to her what her options were and advised  her to get an attorney post haste because  her world was being turned up side down.

As a Family/Domestic Attorney, I assist people with life changing events.  Sometimes it’s a joyous occasion like an adoption, but most often it’s through emotionally trying times like child visitation and paternity.  Regardless of the situation, my philosophy is to help the whole person repair and rebuild their new life with the best legal assistance to usher you through the process. 

Divorce

Divorce can be a complex process and my job is to help you navigate the process with as much ease as possible.  I have worked with parties who seem to be the best of friends and have decided that marriage got in the way of their friendship.  I have also worked with parties who seem to be the worse of enemies, and one of my goals is to help them achieve closure so that one day they can return to some semblance of a friendship.  Again, my philosophy is to help the whole person repair and rebuild his or her new life with the best legal assistance to usher you through the process.

In essence there are two types of divorces: trial (contested) or settlement (uncontested).  The advantages of settlement are manifold, but the most obvious ones are cost and minimizing judicial control over your lives.  It is much better for two people to determine what happens with the property and more importantly what happens with their children as opposed to someone who is not familiar with your situation making decisions about the intimate aspects of your lives.  Yet, I understand that settlement is not always a realistic option when people have competing agendas.  I ask my clients to consider the following issues when thinking about whether the case will be contested to uncontested.

• Division of Assets/Property.  Take stock of the property that you own, whether it’s just in your name or both parties’ names.  Make a list of all personal/real property and then decide who keeps what.  If the two of you agree to the division of assets then you are well on your way to an uncontested divorce.
• Division of Debts.  Do the parties have debts?  If no, wonderful! You are still on your way to an uncontested divorce.  If you do have debts, then the question becomes who pays what?  Often each party will keep the debt(s) that is in her/her name, but equally as often, the parties have debt(s) in the names of both parties.  Again who pays what, by when and how are the payments made.  If the parties agree on how to resolve debts, then you are still on the uncontested path.
• Alimony/ Spousal Support.  Is either party seeking support from the other after the divorce? If no, and there are no children, then congratulations, you are ready to proceed with an uncontested divorce.  If yes and there is a child(ren), and both parties reach an agreement on who pays  what as well as the amount, then congratulations, you are ready to proceed with an uncontested divorce.  If the parties have a child(ren) then issues of shared parenting time and child support have to be resolved.
• Children.  Tennessee has replaced the concept of custody and  visitation with parenting time.  As Judge Carol Soloman frequently says, “You don’t visit your child, you have parenting time.”  To that end, the Tennessee legislature denotes parents as Primary Residential Parent (PRP) and Alternate Residential Parent (ARP) If the parties can agree on a shared parenting schedule, which is called a Parenting Plan
• Child Support is set by the statutory guidelines (Child Support Guidelines).  The parties cannot agree to set child support for less than the statutory guidelines because child support is the child’s right.  The parties can however agree to more than the statutory guideline.

Some cases start out as uncontested, because the parties or one of the parties may come in with a settlement proposal.  Whereas other cases achieve settlement after months of legal maneuvers.  And some of course, the parties never settle, but instead a trial occurs wherein all the issues are litigated.  If the parties cannot agree then, the matter is contested.  The road to trial can be long and expensive.  Several steps must occur before a case can be set for trial including written discovery, mediation, depositions and preliminary hearings.  Parenting time, child and spousal support can all be set during the pendency of divorce.

Custody

Tennessee has replaced the concept of custody with shared parenting time.  To that end, the Tennessee legislature denotes parents as Primary Residential Parent (PRP) and Alternate Residential Parent (ARP).  The Primary Residential Parent is the parent with whom the child spends the greater amount of time with, and the Child Support Guidelines presumes this PRP will be allowed to claim the child on his/her federal tax return.  While the Alternate Residential Parent spends a lesser amount of time with the child, and has the responsibility to pay child support.  Custody cases are often highly contested and emotionally charged, and sometimes the negative emotions get in the way of making positive decisions.  My role is to help the person discard the emotional baggage and focus on the relevant factors necessary to repairing and rebuilding your life and the life of your child. 

The court uses a best interest analysis in making a determination regarding custody/parenting time.  Tennessee law states that the court shall consider all relevant factors including the following where applicable:

1. The love, affection and emotional ties between the parents and child;
2. The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
3. The importance  of continuity in the child’s life  . . .
4. The stability of the family unit of the parents;
5. The mental and physical health of the parents;
6. The home, school and community record of the child;
7. The reasonable preference  of the child is  twelve years of age or older . . .
8. Evidence of physical or emotional abuse to the child, to the other parent . . .
9. The charter and behavior of any other person who resides in or frequents the home if a parent and such person’s interactions with the child; and
10. Each parent’s past and potential for future performance of parenting responsibilities . . .

Using the above factors, I will evaluate your case and give you honest and straight forward feedback.

Custody Modification

Child Support

Several years ago, Tennessee law established the guidelines to determine the amount of financial support the alternate residential parent (non-custodian parent) would be required to pay for the support of the minor child(ren).   While determining the amount of child support can be complex depending on the facts of the case at its basic level all child support cases start with five basic factors:

1. Each parent's gross monthly income.   
2. The number of days each parent spends with the child(ren) annually
3. Health insurance and medical care for the child
4. Costs of job related daycare
5. Other minor children inside or outside of the home

The court can consider other factors such as private school tuition and extraordinary medical expense.  I handle all aspects of child support, including the initial support award and child support modifications. Once child support is ordered, it is normally required to be paid until the child turns eighteen or graduates from high school.

Because child support is set on specific facts, it may also be modified if those facts change.  There must be significant variance to substantiate a modification of an existing child support order.  I am happy to discuss the criteria for a modification either upward or downward.  If it appears that a modification is warranted, I will advise you on the necessary steps.

Contempt

The most litigated contempt issue has to be failure to pay child support.  However, you can bring a contempt action or have a contempt action brought against you for failure to follow almost any civil court order.  For example, if you were awarded alimony in your Final Decree of Divorce and your ex-spouse falls behind in the payments or refuses to pay, then you can bring an action for contempt against your ex-spouse.  The same holds true for failure to refinance property or return specifics items the court may have ordered be returned to you. 

There are two types of contempt actions: civil and criminal.  However, if you are found guilty of either, then you are facing jail time.  In the case of civil contempt, the burden is on the Petitioner to prove the Defendant has the present ability to pay or perform the ordered action.  Whereas with criminal contempt, the burden is on the Petitioner to prove that Defendant’s failure to pay or perform the ordered is willful and deliberate.  

Paternity

According to USA Today, almost 40% percent of the children born in the United States are born out-of-wedlock.  This has been an increasing trend for decades and Tennessee has appropriately responded with laws specific to Paternity and Legitimation.  Establishing paternity is more than just asserting that a particular person is the father  of the child.  Most often, DNA parentage testing is used to prove and exclude paternity. The Court can order the parties and the minor child to undergo DNA testing.  However, the father can waive his right to a DNA test and voluntarily acknowledge parentage.

There are a number of rights and obligations that go along with establishing paternity. Child support payments, inheritance rights, shared parenting including visitation, and child custody all come into play once a father is determined to be the father. The Tennessee paternity statute lays out the procedure for establishing paternity, the liability of the father once paternity has been established, the process for parentage testing, and a way for a father to voluntarily acknowledge parentage. 

Adoption

It is very important to educate yourself about the process of adoption and the first step is to talk to an attorney who understands the adoption process.  An adoption can be complex because the rights of several people have to be respected that being the biological parents, the adoptive parents, the child and in some cases the foster parents and/or any other person who has the right to adopt the child. 

I have handled grandparents, step-parent adoptions, single parent, international and adult adoptions. (And yes an adult can be adopted!!!)   I will be happy to talk to you about the adoption process as well as termination of parental rights.

Dependent Neglect

Allegations of abuse and neglect are easy to make, and they can cause significant problems for parents, whether or not they are true.  Dealing with Department of Children's Services (DCS) can be overwhelming and intimidating.  DCS often gets involved in cases when there are allegations of child neglect or abuse, injury to a child, drug use by a parent or minor child , parents leaving young children alone as well as a number of other reasons.  Because of the nature of the allegation, the legal process usually moves slowly and can be very confusing.  Cases involving child neglect and abuse can range anywhere from twelve months or more to adjudicate once the State gets involved. And the Tennessee Department of Children's Services (DCS) continues to monitor the situation.
 
I am committed to explaining and guiding you through the legal process, and trying to stabilize the situation with you and your child(ren).

Abuse and neglect allegations are made for a variety of reasons, and the state is obligated to investigate every report. These cases are further complicated by parents who are unfamiliar with the investigation process and children who are easily induced into making statements against their parents.

Many parents do not realize that they have the right to and should seek legal representation in these matters. I will make every effort to guide you through the DCS process.   In cases where abuse happened, I can help families develop a workable plan for keeping their children. That plan may include supervised visits with children, drug or alcohol rehabilitation, or parenting classes. My ultimate objective is to assist with families staying together