Tennessee Relocation Case: Calculating Days of Parenting Time (Heilig v. Heilig)

This was a post-divorce parent relocation case. Father notified Mother that he intended to move with the parties' minor son from Chattanooga, Tennessee to Georgia. The move would place the Father and child approximately 3.5 hours from the Mother. Mother opposed the move, claiming that she spent substantially equal intervals of time with the child and that the move was not in the child's best interest. When the parties were divorced, their original parenting plan designated the mother as the … [Read more...]

In re: Adoption of Angela E. – Termination of Parental Rights Based on Abandonment

Mother and Father divorced in 2001, and they had three children together. In August 2002, the trial court suspended Father's visitation with the children because evidence indicated the children might suffer irreparable harm while in the Father's care. Therefore, the Court found it was in the children's best interest to suspend his parenting time. Father filed to reinstate his visitation in July 2003, stating he did not know about the prior court hearing and, thus, failed to appear. Father … [Read more...]

Graham v. Vaughn: Relocation and Custody

Mother and Father were unmarried parents to a daughter who was born in 2004. The parties lived together only six (6) months after the child's birth. When the child was eight (8) years old, the Mother notified Father that she intended to move the minor child to Florida with her boyfriend. Father filed immediately to be recognized as the child's legal/biological father (establishing his paternity), to restrain the Mother from removing the child from the state of Tennessee and to be designated the … [Read more...]

Parental Alienation Leads to Change of Custody in Nashville, Tennessee Case: Austin v. Gray

The parents divorced in September 2007. At the time, the parties had one minor child (a son), and the parties entered an Agreed Tennessee Permanent Parenting Plan wherein the Mother was designated the child's primary residential parent. The Father was granted 130 days per year of visitation, and the parents shared joint decision-making. Following the divorce, the parties' communication and interactions became increasingly hostile. This was partly due to the Mother's "overt bitterness" against … [Read more...]

Court Declines to Set Aside Marital Dissolution Agreement and Tennessee Parenting Plan: Owen v. Haas

Husband and Wife married in 1996 and had three children together. While Husband was deployed overseas, Wife had an affair. When Husband returned home, Wife informed him that she wanted a divorce, hired an attorney, and filed for divorce on March 11, 2011. Husband did not have evidence of an affair, but he hired a private investigator. He did not disclose the fact that he knew about Wife's infidelity until the parties' mediation in November 2011. At that time, he confronted the Wife with … [Read more...]

Toyos v. Hammock: Allowed Parental Relocation Reversed

In 2005, a child was born to these unwed parents.  That same year, the Father was established as the child's biological father, and he was granted visitation with the child. The Mother was designated the child's primary residential parent, with 275 days per year with the child. The Father received 90 days per year with the child. Father had visitation every other weekend, certain holidays, four weeks during the summer, and each Wednesday night. Around January 19, 2010, Mother sent a … [Read more...]

Division of Marital Property and Alimony Reversed: Hatfield v. Hatfield

Husband and Wife divorced after 24 years of marriage, with three minor children. The trial court found that the Wife had a financial need of $2,300.00 per month, but the Husband only had an ability to pay $1,500.00 per month. Since there were no assets from which an award of alimony in solido could be paid immediately, the Court awarded the Wife a "larger portion of the marital property in lieu of alimony in solido." The Wife was granted a divorce on the grounds of adultery by the Husband. … [Read more...]

Nashville Court Modifies Tennessee Parenting Plan Due to Medical Neglect – Austin v. Torres

The parties were married and had one child in 2004. Shortly after his birth, the child was diagnosed with a rare genetic disorder called Phenylketonuria or PKU, which means the child's body could not break down an amino acid called phenylalanine (Phe). If Phe builds up in the child's blood, it can lead to mental retardation, seizures and other serious neurological problems. Phe is found in many foods that are rich in protein, such as meat, eggs and dairy products. Therefore, the child suffering … [Read more...]

Nashville Court Changes Custody Because of Parent’s Failure to Encourage a Relationship between the Child and the Other Parent: In re Zamorah B. – Tennessee Custody

The child involved in this case was born to unmarried parents. Approximately 4 months after the child was born, Father filed a petition in the Davidson County Tennessee Juvenile Court to establish his paternity and for custody. Father alleged that he had been voluntarily supporting the child and had bonded with the child, but the Mother terminated his contact with the child when the child was 2 months old. A hearing was held before the Juvenile Court Magistrate, who entered a standard Tennessee … [Read more...]

Types of Tennessee Spousal Support and What You Should Know About Tennessee Alimony

In general, alimony (or spousal support) are payments made from one spouse to another for financial support of the disadvantaged spouse during and following a divorce case. Tennessee alimony is awarded for many different reasons. Types of Tennessee Spousal Support There are four types of alimony/spousal support in Tennessee: In futuro (or periodic) alimony transitional alimony in solido alimony rehabilitative alimony These types of Tennessee alimony are awarded for different … [Read more...]

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