Child’s Name Change Reversed in Nashville, Tennessee Parenting Dispute: In re McKenzie Z.
What evidence is necessary to change a child’s last name in Tennessee?
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Termination of Parental Rights Reversed Because Question Wasn’t Asked in Covington, TN: In re Michael O.
Lawyers are taught to avoid asking one question too many. It turns out there’s an inverse to that rule.
Read MoreTermination of Parental Rights Reversed for Lack of Evidence in Knoxville, Tennessee: In re Brianna T.
Facts: Father and Mother are the parents of four children. After being found to be dependent and neglected because of severe abuse to one child, all four children went into the protective custody of the state. The Department of Children’s Services (DCS) subsequently petitioned to terminate Father’s parental rights. Although Father did not attend the trial, […]
Read MoreTennessee Supreme Court Says Parent’s Signature Not Required on Notice of Appeal in Termination of Parental Rights Cases: In re Bentley D.
The legislature says a notice of appeal in a termination of parental rights case must be signed by the appellant. The Court of Appeals dismissed several such appeals solely because the notice of appeal was signed by the lawyer. Now the Tennessee Supreme Court weighs in.
Read MoreSplit Decision Increases Child Support in Memphis, Tennessee: State ex rel. Schrita O. v. Robert T.
Sometimes when you lose, it’s best not to appeal. This case illustrates the point.
Read MoreTennessee Supreme Court Reverses Termination of Parental Rights in Chattanooga, Tennessee: In re Gabriella D.
Facts: Mother and Father are the parents of three children. After one child was found to be severely malnourished, i.e., starving, all three children were removed from their parents’ custody and placed in foster care. The rest of the facts can be found in my earlier post on the 2-1 decision from the Court of […]
Read MoreDenial of Transgender Child’s Name Change Reversed in Williamson County, Tennessee: In re Leyna A.
Facts: Sixteen-year-old Child was born female but identifies as male. Child is transgender and undergoing a medical transition via hormone therapy from the female gender to the male gender. Child was diagnosed with Gender Dysphoria, a medical diagnosis that refers to the emotional distress of having a gender identity that is different than the gender […]
Read MoreTennessee Has Jurisdiction to Determine Whether Returning to Home Country Is in Child’s Best Interest: In re Domingo C.L.
Facts: Child was born in Guatemala 16 years ago. Child’s father abandoned the family over four years ago. Child’s mother struggled to provide for the family, which forced Child to drop out of school after the sixth grade because his mother was too poor to pay for him to continue. After dropping out of school, […]
Read MoreRefusal to Award Child Support Retroactive to Birth Affirmed in Gallatin, TN Paternity Matter: Carr v. Sutton
Facts: Mother gave birth to Child in 1996. No father was listed on the birth certificate. When Child was 17 years old, the State petitioned to establish paternity and require the father to provide health insurance for Child. DNA testing confirmed Father’s paternity a few months before Child’s 18th birthday. An order was entered, but […]
Read MoreRetroactive Child Support to Date of Birth Affirmed in Elizabethtown, TN: Parrish v. Griggs
Facts: Mother and Father had a five-year relationship. By the time it ended, Father lived in Illinois and Mother in Tennessee. Mother got pregnant. After Child was born, Father visited Mother and Child in Tennessee on several occasions. Father also voluntarily paid two child support payments of $400 each. When Child was 14 years old, the […]
Read MoreTennessee Family Law Legislative Update 2017
Hello, friends! It’s that time of year again—time to review how our legislators made Tennessee family law worse than it was this time last year. First, let’s all take a minute to chug a jar of East Tennessee moonshine to prepare ourselves for what’s to come. OK, now that we’re sufficiently numb, let’s get started. Hit us with your best shot, […]
Read MoreNo Wage Assignment for Child Support and Changing Child’s Last Name Reversed in Clinton, TN Parenting Dispute: Howell v. Smithwick
Facts: Mother and Father are the unmarried parents of Child. Within a week of Child’s birth, Father filed a petition to establish paternity and a parenting schedule. An agreed temporary parenting plan was entered. Later, disputes regarding parenting and contempt landed the parents back in court. The only issues I find noteworthy are the trial […]
Read MoreCourt Divided over Best Interests in Chattanooga Termination of Parental Rights: In re Chance D.
Facts: In 2011, Child was born to Mother and Father. At birth, Child weighed 6 pounds, 14 ounces. Six months later, Child weighed a mere 7 pounds, 6 ounces, having gained only 8 ounces. When Child saw a doctor, Child was immediately transported to the emergency room, where he remained for four days. Child was […]
Read MoreTennessee Family Law Legislative Update 2016
Things were relatively quiet on the family-law front this past legislative session. Notably missing, however, was any effort to update the various family-law statutes to account for the constitutionally-protected rights of same-sex parents. Until that happens, Tennessee children and their same-sex parents will continue to navigate in an atmosphere of legal uncertainty. There were several […]
Read MoreCourt Divided over Scope of Wanton Disregard as Grounds for Termination of Parental Rights: In re K.F.R.T.
Facts: Father’s children were adjudicated dependent and neglected and put in the custody of the Department of Children’s Services (“DCS”) after Father committed domestic assault against Mother. DCS petitioned to terminate Father’s parental rights to the children on grounds of, inter alia, wanton disregard for the welfare of the children. Father was incarcerated at the […]
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