Legal Analysis and Commentary
Can one assert one’s Fifth Amendment privilege against self-incrimination in a civil case in Tennessee? If so, when can a Tennessee court draw an adverse inference from one’s invocation of the Fifth Amendment privilege?
Read MoreWhen are party-prepared orders acceptable in Tennessee courts?
Read MoreMust a Tennessee court dismiss an action to modify custody or visitation for failure to attach a proposed parenting plan?
Read MoreAt what point during a custody trial can a Tennessee court dismiss a party’s lawsuit?
Read MoreFacts: Husband filed for divorce after 25 years of marriage, and Wife filed a counter-complaint. After the trial had been rescheduled four times and Husband’s third lawyer withdrew, on August 31 the trial court rescheduled the trial for October 31, i.e., 60 days later and five years after the complaint for divorce was filed, and said […]
Read MoreWhat can a Tennessee court do if a parent and the parent’s attorney don’t show up for the trial?
Read MoreWhat notice is required to change child custody in Tennessee?
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Facts: Child was removed from the parents’ custody and determined to be dependent and neglected. Five months later, the Department of Children’s Services (DCS) petitioned to terminate Father’s parental rights. After a trial, the trial court entered a judgment terminating Father’s parental rights to Child. Father filed a notice of appeal. Notably, Father did not […]
Read MoreFacts: Husband and Wife divorced in 2014. Nearly a year later, Wife petition for civil and criminal contempt. She alleged that Husband failed to pay the full amount of spousal support required by their marital dissolution agreement. After Wife’s counsel completed the direct examination of Wife, Husband’s counsel moved to dismiss on the grounds that […]
Read MoreFacts: Mother and Father are the parents of Child. They entered an agreed parenting plan designating Mother as the primary residential parent and granting Father 74 days of parenting time. A few years later, Mother petitioned for an ex parte restraining order and modification of the parenting plan because Father had incurred criminal charges for […]
Read MoreFacts: Mother and Stepfather filed a petition to terminate Father’s parental rights and adopt the child. After a trial, the trial court found clear and convincing evidence of grounds to terminate Father’s parental rights and that termination was in the child’s best interest. The trial court entered an order stating its conclusions and attached a […]
Read MoreFacts: Husband and Wife divorced in 2004 after 36 years of marriage. As part of the divorce, Wife was awarded a $24,000 judgment against Husband. Wife contends Husband never paid the judgment. To secure payment of the judgment, Wife recorded a lien on a 115 acre property owned by Husband. In 2014, Wife filed a […]
Read MoreFacts: Mother and Father, the parents of two children, divorced in 2007. Father was designated the primary residential parent for the youngest child, and Mother was designated the primary residential parent for the oldest child. In 2010, Father petitioned to modify the parenting schedule. Mother counter-petitioned to change custody of the youngest child and to […]
Read MoreFacts: This 47-page (!!!) opinion begins with the following statement: “This is an appeal from an extremely contentious divorce.” The parties married in 1994 and had one child together. In July 2013, they were divorced. Among other things, the trial court found Husband dissipated marital assets by writing checks to his girlfriend totaling $15,633 and […]
Read MoreFacts: Husband, an Army officer, and Wife, a schoolteacher, were divorced after Husband learned of Wife’s extramarital affair. Husband withheld the fact that he knew about the affair until the parties’ mediation. When Wife was confronted with evidence of her affair at the mediation, the parties had a private conversation. No agreement was reached during […]
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