Breeding & Henry, LLC

Family Law Archives

Grandparent Rights in Tennessee

The Tennessee courts have made it clear that parents and grandparents do not "begin on equal footing." The right to parent is premised on a fundamental constitutional right, which is not afforded to grandparents. In Tennessee, the visitation rights of grandparents are limited to a very narrow, statutorily defined set of circumstances. These circumstances require that (a) the father or mother of an unmarried minor child is deceased, (b) the child's father or mother are divorced, legally separated, or were never married to each other, (c) the child resided in the home of the grandparents for a period of twelve (12) months or more and was subsequently removed from the home, and a limited other set of circumstances.

Child Support Arrearage & Wrongful Death

On December 27, 2017, the Tennessee Supreme Court ruled in Spires v. Simpson to clarify the conditions in which one may bring about a wrongful death suit and the appropriate acquisition of remedies, specifically when filed by parents who owe child support. In instances of wrongful death, parties may bring claims to affirm that the deceased individual's passing is the result of negligence or misconduct that may have resulted in significant and quantifiable damages.

Parental Rights of Same-Sex Couples in TN

In Tennessee, and across America as a whole, domestic law seeks to ensure that parental rights are protected and also that the child's best interest is met. With respect to parental choices concerning their child's upbringing and well-being, laws concerning parental rights seek to champion parents as the superior authority in their child's life as means to a beneficial end. In parental right's cases, the authority given to the parents of a child must be distinct and well-defined.

Prenup, postnup or nothing at all?

Almost everyone is familiar with the term "prenuptial agreement," which gives a couple control over their future wealth once they marry. You are probably used to hearing it mentioned in relation to entertainers and well-known sports figures who have assets worth millions of dollars, but prenups, as they are often called, have become popular with couples in many different income brackets-and so have postnups.

Warm Wishes and Ways to Give Back

In the spirit of the holiday season, there are so many ways to give back and to make the holidays merry and bright for the less fortunate. We all see the Salvation Army volunteers outside of our favorite stores collecting change, but there are many more programs out there that support families in the local community.

Parental Alienation: Child Abuse?

Parental alienation often arises during highly contested custody matters when one parent's actions cause a child to side with that parent and to refuse or resist a relationship with the other parent. Sadly, this behavior is often encouraged by the parent with whom the child has aligned herself, but does it rise to the level of child abuse?

Post-nuptial Agreements: What is your consideration?

Almost everyone who is or has contemplated the possibility of marriage has heard of a prenuptial agreement, which is a contract between two soon-to-be married persons that can specify their rights and obligations with respect to their separate property in the event of divorce, annulment, and/or death. However, many already married couples may not be aware that there is such a thing as postnuptial agreements. Postnuptial agreements can cover the same issues that arise in prenuptial agreements such as equitable division of the assets, waiver of rights to certain property of the other person, and alimony.

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