Alimony Certificate

Understanding Property Division: Insights from Nashville Divorce Attorneys

by with No Comment Divorce
Alimony Certificate

The divorce process is often complicated and involves much more than simply separating households. Property division is one of the most complex issues couples face. To navigate this process effectively, it is important to understand Tennessee law and receive reliable legal guidance. A divorce attorney in Nashville can help you work toward a fair and legally appropriate division of property.

Equitable Distribution in Tennessee

Tennessee follows an equitable distribution system, meaning that marital property is divided fairly, though not necessarily equally. Courts consider several factors, including the length of the marriage, each spouse’s contributions to the family home and finances, and the financial circumstances of both parties. Understanding how these factors apply to your situation is important for protecting your interests.

Differentiating Marital and Separate Property

The property needs to be categorized first as either marital or separate property before it is divided. Marital property usually incorporates all assets and debts that are obtained in the marriage no matter what is written on the title. Separate property is typically possessed before the marriage or received by an individual during the marriage by inheritance or by gift. When separate property is mixed with marital property, classification may be a complex task.

A divorce attorney Nashville can provide legal advice that would make sure that separate property is correctly identified and safeguarded. This can include the tracking of funds, reviewing financial documents, and presenting information clearly to support your position.

Common Types of Property in Division Cases

Property division is not limited to real estate. It can also include personal property such as vehicles, business interests, retirement accounts, personal belongings, and even liabilities like loans and credit card debt. Both forms of property have their own considerations, including tax and financial implications. For example, retirement accounts are frequently divided with the assistance of a Qualified Domestic Relations Order (QDRO) to meet the federal regulations. With appropriate legal support, these complicated issues can be addressed effectively.

A divorce attorney in Nashville can offer information about the way various forms of property are handled according to Tennessee law and also assist in the development of a plan that takes into consideration both current and future financial requirements.

Negotiation and Mediation Opportunities

Not every issue of property division involves trial. Negotiation or mediation has proved to be of help to many couples that are undergoing a divorce process, as both are at liberty to debate on the alternatives and come to a shared decision. This method may lessen stress, save time, and have a greater control over the outcome than litigation.

A lawyer with experience in property separation can facilitate mediation, clarify your rights, point out possible solutions, and make sure that any agreement is legal. Collaborating with a divorce attorney can be very beneficial to ensure that settlements are fair and binding.

Court Considerations for Property Division

If mediation does not resolve property issues, the court will consider several factors, including the length of the marriage, each spouse’s contributions to the marital estate, each party’s financial situation, and their separate property holdings. The court aims to reach an equitable distribution based on the evidence presented. The court has an objective of ensuring that both parties become economically stable even after the divorce.

A divorce attorney in Nashville can help organize and present relevant evidence in the court so that the judge can see the picture so that he may make a fair allocation.

Financial Stability Planning.

Thoughtful planning during property division can have long-term effects on your financial stability. Careful consideration can help safeguard your share of assets and support your future needs. Whether through negotiation or litigation, legal guidance can help ensure that the property division aligns with your goals.

At Roland Hairston and Associates, we offer clients useful guidance focused on clarity, fairness, and understanding the full scope of their financial rights.

Conclusion

Property division is a major component of any divorce and requires careful consideration. Understanding the difference between marital and separate property, knowing what factors the court evaluates, and seeking professional guidance are important steps toward reaching a fair resolution. Working with a divorce attorney in Nashville can help you protect your rights and move forward with clarity and confidence.

Guardianship

Child Custody Issues? How a Nashville Divorce Lawyer Can Help

by with No Comment Child Custody
Guardianship

When a couple decides to separate or divorce, one of the most emotionally charged and challenging issues that often arises is child custody. The process can significantly impact both parents and the child’s emotional well-being. In these situations, having clear legal guidance and understanding your rights can help you navigate the process more confidently and with greater peace of mind.

At Hairston & Associates, our team of divorce lawyers in Nashville is committed to helping families manage the complexities of child custody with compassion and clarity. Our goal is to protect your legal rights while keeping your child’s best interests at the center of every decision.

Understanding Child Custody in Tennessee

There are two types of child custody as per the Tennessee law.

  • Legal custody – Legal child custody allows a parent to make major decisions for the child, including education, medical care, and religious upbringing.
  • Physical custody – This type of child custody decides where the child lives and how parenting time is divided between the parents.

In most cases, the court prefers shared parenting because it allows both parents to remain actively involved in the child’s life. However, every family situation is unique, and the court evaluates several factors, such as the child’s relationship with each parent and each parent’s ability to provide a stable home, before finalizing a custody arrangement.

Working with a reputable divorce lawyer in Nashville can help ensure that your voice is heard and your parental rights are protected throughout the process.

How a Nashville Divorce Lawyer Can Support You

  • Explaining Your Legal Rights and Options – Tennessee’s child custody laws can be complex, and even a small mistake can have lasting consequences. A divorce lawyer will clearly explain your rights and legal options so that you can make informed decisions rather than reacting under stress or pressure.
  • Negotiating Parenting Plans – Tennessee courts require parents to create a detailed Parenting Plan outlining parenting time, decision-making responsibilities, and communication expectations after separation. Disagreements often arise during this process, especially when parents have different goals or expectations for their child. A divorce lawyer can guide you in drafting and negotiating a plan that supports your child’s best interests and aligns with your long-term goals.
  • Representing You in Court – Mediation is often preferred in custody matters because it allows both parties to work with a neutral third party to reach an agreement. While this can save time and reduce conflict, mediation is not always successful. If your case proceeds to court, divorce lawyers in Nashville can help prepare and present your case effectively, giving you confidence throughout the proceedings.
  • Modifying Custody Arrangements – Life changes, whether due to relocation, financial shifts, or health concerns—can affect parenting arrangements. When these changes occur, you may need to request a modification of your custody order. A divorce lawyer can help you file the appropriate court petitions and pursue an updated arrangement that reflects your current situation and protects your child’s best interests.
  • Enforcing Court Orders – If the other parent violates court-ordered custody or visitation terms, such as repeatedly missing scheduled parenting time, legal enforcement may be necessary. A divorce lawyer can assist you in pursuing enforcement actions, promoting compliance, and safeguarding your parental rights.

Mediation and Collaborative Solutions

Not all divorce or custody disputes need to be resolved in court. Tennessee encourages parents to resolve conflicts through mediation, providing an opportunity to reach mutually agreeable outcomes with the assistance of a neutral third party.

Mediation often results in more cooperative and less stressful solutions for both parents and children. Hairston & Associates can prepare you for the mediation process and help ensure that any final arrangement is fair, practical, and legally enforceable.

Regardless of the reasons for separation, child custody issues can be challenging and emotionally overwhelming. With so many legal complexities involved, having a professional divorce lawyer represent your custody case is invaluable.

At Hairston & Associates, our team of experienced divorce lawyers provides clear, practical guidance to help parents across Nashville find workable solutions that reduce conflict and promote positive outcomes for their children.

Disclaimer: The information in this article is for general informational purposes only. For legal advice specific to your situation, consult with our divorce lawyers.

Family Law

Holiday Tips for Blended Families

by with No Comment Child CustodyParenting Plan

The holiday season is often called the most wonderful time of the year, but for blended families, it can bring unique challenges—balancing traditions, schedules, and emotions. At Roland T. Hairston & Associates, we understand the importance of approaching this season with intention. Here are five expanded tips to help blended families create a truly joyful holiday experience:

1. Communicate Early
Start conversations well before the holidays arrive. Discuss plans, visiting schedules, gift expectations, and special traditions with all parents and children involved. Early communication helps prevent misunderstandings and gives everyone time to adjust. When every person feels heard, the entire family can work together more smoothly.

2. Set Realistic Expectations
The holidays don’t need to be perfect to be meaningful. For blended families, flexibility and empathy are key. Children may feel torn between households, and parents may feel pressure to recreate old traditions. However, acknowledge that it’s okay for things to look different right now. By embracing what’s realistic instead of striving for perfection, you’ll create space for genuine connection.

3. Stay Flexible
Schedules can get tangled—especially when coordinating between multiple households. Keeping an open mind and a receptive attitude can help prevent stress and conflict. If plans need to change or unexpected circumstances arise, try to adapt with grace. After all, our goal is to simply enjoy this season, and to release plans that no longer works.

4. Create New Traditions
Blending families isn’t about abandoning traditions you previously loved—it’s about creating something new together. Invite your children to help create fresh traditions that reflect everyone’s input: a new holiday meal, a special movie night, a shared volunteer activity, or a new morning ritual. New traditions help build unity and give every family member something to look forward to.

5. Focus on Connection
Above all, remember what the season is truly about: spending meaningful time with the people you care about. Prioritize communication, empathy, and shared experiences. The holidays may be hectic, but focusing on connection over perfection can transform stress into joy.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Let’s Get Help – Factors to Consider When Hiring An Attorney

by Tips & tricks
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The 10 Most Important Aspects and Qualities

  • Why? – One of the most important aspects to consider is why you need an attorney. This factor alone will largely influence the attorneys and lawyers you will have the opportunity to work with on your case. Depending on the type of law your case is in, the pool of available attorneys will rise and fall. Where you are located will also have an impact on viable options. Some attorneys are only licensed in certain areas, or only practice in areas more local to them.  
  • How long will the case be? – This aspect will influence how long you will be working with the lawyer you choose. Depending on the type of case you have, you could be working with your attorney for over a year. At our office, most cases last 3-6 months, with those special cases lasting over a year or longer. Because of this, you want to choose a lawyer you know you will be able to trust and work with. This person will be handling your legal case, advising you on the best course of action, so you must be able to trust them, their expertise, and their experience.
  • How many cases are they already handling? – Though a super relevant quality to consider, it may be relevant to the length of your case. If you are working with a large office that is going through case after case, yours will be balanced equally with every other case. You will want to choose an attorney who can put equal effort and attention to your case even with their other cases. 
  • The reputation – The reputation of a lawyer is vital to their success. An attorney’s area of expertise and prior experience are important, many states have extra programs and organizations for lawyers to earn extra certifications and further their education. A lawyer’s reputation is critical information when choosing someone to represent you. For long-term counsel on more complex issues, it’s important to find someone close to you location wise, so you can develop a trusted, face-to-face relationship with them.
  • The size of the firm – The size of the firm is a surprisingly important factor. The size can determine the access to resources, the relationship of the team, and even the clientele. Bigger firms commonly have access to more resources, however they are always more costly, and it’s harder to build a one-on-one relationship with your attorney as you will be going through the secretariat staff as well. Larger firms also handle larger caseloads as they have more attorneys and staff. Smaller firms may not have the same wide, equal access to resources, however they are usually less pricey. Working with a smaller firm will be more personal as they usually don’t have a large pool of secretariat staff, so you will often work one-on-one with your attorney.
  • The resources – The resources an attorney or firm has at hand is important. It can and will affect your case, the time spent on it, and the outcome. Firms with a large number and range of resources are, of course, going to be more successful than those without. Another ‘resource’ to consider is people; when a lawyer or attorney has been working in one field in one area for so long, they start forming connections and relationships with others in their field. So even if a firm is small, they too can have a number of resources.
  • The Team – Another surprising factor is the team. How well do you see the employees working together? Do they get along and accomplish tasks together? How often do they even work with one another? These are all questions you may consider asking when choosing an attorney. How well a team works together is indicative of their success. Teams who can work together and accomplish tasks and responsibilities with each other are teams you want to work with!
  • The relationship – Do they seem like they have a trusting relationship with one another? A trusting relationship with their clients? These questions will help you choose your attorney, and help you in founding and building your relationship with them. It’s important to trust your attorney, with your records, information, the case in general, but also trust them with your thoughts and worries too.
  • Communication – Communication is a very important and very obvious aspect in choosing your attorney. You want to be able to effectively communicate with your attorney! Being able to keep an open line of communication will help build the relationship between you and your attorney. Try to establish proactive communication at the beginning and agree on regular check-in times to discuss updates and ask questions. Though it may not seem important, mutual respect and the knowledge that your representative is of good character can play a crucial role. Throughout the litigation process, you’re going to need somebody you can trust to advise you on course of action, to defend you in court, and stay on top of your case. 
  • Billing & pricing – Different firms choose to bill their clients in different ways. Some choose hourly, and will bill you per hour they work on your case. This billing is more costly, especially if your case is larger or longer. Retainer Fees are still hourly billing, but you give the attorney a sum of money to cover initial charges. There is no ‘standard’ retainer, as most lawyers choose their own. A flat fee is when the attorney charges their clients upfront. It is pricier at first, but if your case is larger and/or longer, this is usually the best way to go. A contingency fee is when an attorney does not charge the client if they lose, but takes a percentage of any fees awarded if they win the case. If this is the route you end up going down, you and your attorney should work out a percentage number before you start on the case together. A negotiable fee, obviously, is when an attorney is willing to negotiate the amount or type of payment they’re willing to accept. This can save you money when you only need to speak with your lawyer briefly on the phone. At the very least, it helps to review the lawyer’s billing methods and see where they’re able to be flexible.

Our Firm’s Commitment

At our firm, we value our clientele. We value empathy, and think it is important to know our clients. What are their names? What are their stories? We value excellency, by preparing ourselves and our clients to get the best results possible. We value efficiency, and aim to get the best possible results and provide the best possible experience. We value advocacy, and push to achieve the interests of our clients at every stage, and zealously advocate for them. We value initiative, and try to be proactive and strategic in pursuing the goals of our clients. We value timeliness and responsiveness, and understand our clients eagerness for news and updates on their cases. We value honesty, and are committed to being truthful and candid with our clients. We pledge to pursue the best outcome for all of our clients, and hope to do the same for you, give us a call at Roland Hairston & Associates!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Co-Parenting with Court-Approved Apps in Tennessee: A Modern Solution for Modern Families

by with No Comment Parenting Plan
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In today’s fast-paced world, technology plays a pivotal role in our daily lives, including the often complex realm of co-parenting. For divorced or separated parents, managing schedules, communicating effectively, and ensuring the well-being of their children can be challenging. Fortunately, Tennessee courts recognize these challenges and have begun endorsing various co-parenting apps to streamline communication and coordination. In this blog, we will explore the benefits of court-approved co-parenting apps in Tennessee, their features, and how they can help make co-parenting smoother and more effective.

What Are Court-Approved Co-Parenting Apps?

Court-approved co-parenting apps are digital tools endorsed by the Tennessee court system to help separated or divorced parents manage their co-parenting responsibilities. These apps are designed to facilitate communication, track parenting time, share important information about the child, and resolve disputes in a structured manner. The approval from the court often signifies that these apps have been vetted for their reliability and effectiveness in supporting positive co-parenting practices.

Key Features of Co-Parenting Apps

  1. Shared Calendars: Co-parenting apps often include a shared calendar feature that allows both parents to keep track of important dates, such as school events, medical appointments, and vacations. This feature helps avoid scheduling conflicts and ensures both parents are informed about their child’s activities.
  2. Expense Tracking: Managing shared expenses can be a contentious issue in co-parenting. Many apps provide a feature to track and split expenses related to the child’s needs, such as medical bills or extracurricular activities. This transparency helps prevent disputes over financial contributions.
  3. Communication Tools: Effective communication is crucial for successful co-parenting. Co-parenting apps typically offer secure messaging systems that keep all communication organized and accessible. Some apps also provide features like conversation logs, which can be helpful if disputes arise and you need a record of discussions.
  4. Document Sharing: Important documents related to the child, such as medical records, school reports, and legal paperwork, can be shared through these apps. This ensures both parents have access to the same information, reducing the likelihood of misunderstandings.
  5. Parenting Time Logs: Accurate tracking of parenting time is essential for ensuring compliance with custody arrangements. Co-parenting apps often include features to log parenting time, making it easier to verify adherence to custody agreements.
  6. Dispute Resolution: Some apps offer tools for resolving disputes amicably, such as mediation features or built-in conflict resolution resources. This can help parents address issues constructively without needing to return to court.

Popular Court-Approved Co-Parenting Apps in Tennessee

Several co-parenting apps have received endorsement from Tennessee courts. While the list may evolve, some commonly approved apps include:

  • OurFamilyWizard: Known for its comprehensive features, including shared calendars, expense tracking, and communication tools, OurFamilyWizard is widely used and accepted by courts in Tennessee.
  • TalkingParents: This app focuses on secure communication and documentation, offering tools to keep conversations organized and accessible.
  • Cozi: Although not specifically designed for co-parenting, Cozi’s shared calendar and task management features can be useful for families needing a simple solution for scheduling and coordination.
  • AppClose: Features includes a shared calendar, expense tracking, and communication tools. It also offers features for documenting and tracking parenting time. AppClose’s emphasis on simplicity and affordability makes it a practical option for many co-parents.
  • Custody X Change: Offers tools for creating and managing custody schedules, tracking parenting time, and documenting interactions. It also includes features for generating legal reports. It’s focus on legal documentation and schedule management makes it a strong choice for parents navigating complex custody arrangements

How to Choose the Right App

Selecting the right co-parenting app depends on your family’s specific needs. Here are a few factors to consider:

  • Features: Evaluate the features offered by each app and choose one that aligns with your co-parenting needs.
  • Ease of Use: The app should be user-friendly for both parents to ensure consistent use.
  • Cost: Some apps offer free basic versions with optional paid upgrades. Consider your budget and the value of additional features.
  • Court Preferences: If your co-parenting plan is court-ordered, check with your attorney or the court to ensure the app you choose meets any specific requirements.

Conclusion

Court-approved co-parenting apps offer a modern solution to age-old challenges in co-parenting. By utilizing these digital tools, Tennessee parents can streamline communication, manage schedules, and maintain transparency, ultimately fostering a healthier environment for their children. As technology continues to advance, these apps are likely to become even more integrated into family law practices, providing invaluable support for co-parents navigating the complexities of shared parenting responsibilities.

For personalized advice and assistance, consider consulting with one of our family law attorneys who can guide you in choosing the best co-parenting app for your situation and ensuring compliance with any court orders.

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A Legal Glossary – The Most Important Legal Terms

by Tips & tricks
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We Get It

Trust me, we get it. Legalese and all of its encompassing terms, can cause quite the confusion. All these fancy words and sayings for a piece of paper, right? Not quite.

Each word and term included here are commonly used in our office, if not used everyday. Once you start to grasp the fundamentals, everything else after comes easy, or at least, a little easier.

Terms (and conditions)

Ad Litem – If a person involved in a case is ad litem, it means they have been appointed by the court. For example, a guardian ad litem is a person appointed by the court to represent the best interests of a child.

Affidavit – An affidavit is a written statement of acknowledgement, made and signed by a person under oath. An example would be someone testifying in court, and filling out an affidavit that the statement given is the truth.

Appeal – After the court has given a final order, a person involved in the case may appeal the decision. To appeal means to request the court to overlook the evidence again, and reconsider their decision. To appeal in family court, there usually must be a “definitive change in circumstance”.

Appellee/Appellant – Appellants are those who request the court or a higher court to reconsider the information and decision. If you are unsatisfied with a court’s decision, you may request an appeal, wherein you become the appellant. An appellee is not the person who appealed, but the other party who must defend against the appeal. If you find yourself having to defend against an appeal, call our office today! We’d love to advocate for you.

Contempt – Any kind of contempt, or any contempt of court, is when you have blatantly, and willingly disregarded court decisions and orders. Civil contempt can be purged once you follow through with the court orders, whereas criminal contempt does not have a desired outcome of compliance like its counterpart, but rather actual punishment for the more severe contemnors.

Defense/Defendant – In a legal procedure, there is a person who is charging the other, and then there is the person being charged. If someone has committed a crime, they are the defendant, the person who needs defending. The defense, or defense counsel, are attorneys the defendant has either hired or been given by the state to help. In cases where there is no crime, but a legal procedure is still needed, like a divorce, the person who files for divorce would be the plaintiff, and the person who receives the divorce service letter would be the defendant.

Litigation – Litigation is any legal procedure that takes place in a court.

Litigant – A litigant is any person involved in the litigation procedures, either as council, as a defendant, or as a plaintiff.

Motion – A motion is a request for the court to make a decision about something before the litigation procedures continue.

Order – An order is a decision or final decision given to litigants involved from the court. Orders can be final, but whether it is or isn’t, they can still be contested or appealed

Petition – A petition is a document that is sent to the court to request something or request to do something for the case, usually pertaining to some sort of relief.

Plaintiff/Prosecution – Plaintiffs are the opposite of defense, and are those in litigation procedures who retain the burden of proof. That means plaintiffs, at least in civil cases, have the responsibility to prove to the court what the defendant has done, and why they should receive a punishment

Service – Notice of service is required in all legal cases. Criminal, civil, juvenile, probate, etc. all require notice of service because if a relevant person misses proceeding they might have had an impact on, the final decisions are null.

Subpoena – Subpoenas are written documents from the court, compelling witness testimony or evidence from 3rd parties. Ignoring subpoenas are considered contempt, and are punishable by fines and even, though very rarely, imprisonment. 

Conclusion

Half of the words on this list are going to be found in every legal procedure. Once you start gathering all the basic information and really commit it to memory, understanding some of the terminology used in the legal field starts to get a little easier. If you’re worried you’re misunderstanding or misinterpreting something, always communicate and confirm with your attorney! If you need help with your case, call our office to schedule a consultation! We love helping families when and where we can!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Visitation & Parenting Time in Tennessee – Breaking Down The Options

by Visitation
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What is Visitation?

There are two terms for the subject of visitation, the first being visitation of course, and the second being parenting time. But, what’s the difference? Is there one? If there is a difference, what is it, and what is the effect of it? In this post, we’ll be exploring visitation and parenting time in Tennessee, and everything it entails. 

Visitation vs. Parenting Time

In Tennessee, the courts no longer use words like ‘visitation’ and ‘sole custody’. In 2001, Tennessee courts changed terminology used to be more open and neutral, coinciding with the rising rates of 50/50 custody and more fathers taking up a childcare role. To answer the big question, visitation and parenting time are the same thing, with slight nuances. Visitation refers to the noncustodial parent’s, also known as the Alternate Residential Parent in current parenting Plans, time spent with the child. Parenting time refers to the same thing. A parent that has parenting time is labeled the Alternate Parent, or the Alternate Residential Parent. This means the child spends no more than 50% of the time with you or the named ARP. To see more about ARP’s and PRP’s, look at our other post!

Primary and Alternate Custody

Primary and Alternate custody refers to how much time is spent caring for and parenting the child. Primary custody is awarded to a parent based on factors listed in T.C.A. §36-6-106. Whichever parent fits the criteria best is awarded primary custody by the court, or parents can mutually agree when making a parenting plan. If the case is more severe, and parents cannot communicate respectfully and responsibly, a guardian ad litem can be appointed by the court. The role of a Guardian Ad Litem is to recommend to the court a ruling based on the best possible interests and outcome of the child. Children over the age of 12 can also tell the court their preference, and that will be taken into consideration.

Standard Schedules

Technically, in Tennessee, there is no ‘standard’ parenting plan or visitation schedule. Each one is curated for each specific case and its details, and additionally follows local county rules. There is no standard split, but there are common ones. Nationally, the average time a mother spends with their child a year is around 65%, compared to a father’s national average of 35%. Tennessee ranks the lowest nationally in the time fathers spend with their children, according to a 2018 CustodyXChange study, at an average of only 22%. Factoring in the fact that the most common parenting schedule in Tennessee is an 80/20 split, giving the father the 1st, 3rd, and 5th weekends of a month, as well as additional time during the summer and holidays, the numbers make sense. Other common splits however, also affect the numbers. Some parents can work out 50/50 custody, and congratulations to those who do. However, that is not feasible in every case; most other splits are 60/40, or 75/25 here in Tennessee, but there are 70/30, alongside the 2-2-5-5 custody split as well. To check out the different kinds of custody splits, click this link!

Tennessee and the Effect of a Mother State

Like many other states, Tennessee is a mother state, which means typically, child custody cases lean towards favoring the mother. When a court is deciding where to place a child, they must choose based on the best interests of the child following the Tennessee statute §36-6-106. It’s clear from looking at the numbers that courts favor mothers and women more than fathers and men in custody battles. But why is that? This is because of an outdated belief that women are child carers and homemakers, and that men are workers and breadwinners, despite there being no study or statistic showing mothers are better parents than fathers.

Conclusion

There are many different parenting plan options, and you and your family should pick one that makes the most sense for all of you. Try to factor in things like distance, transportation and education, etc. Always take into consideration your own special circumstances, and make sure your attorney is aware of them too. If you want to know more about parenting plans or Alternate and Primary parents, check out more of our blogs. If you want to call and schedule a consultation, give it a try now!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Personal Representatives in Tennessee

by Probate
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What Are Personal Representatives

Personal representatives are those who represent the personal interests of the deceased. If a person passes away, the person appointed by the testator to carry out the terms of the Will is named executor. If someone has passed away without a will, the court will appoint an administrator during probate proceedings in place of the executor. Administrators and executors are both personal representatives of the deceased, and bear the responsibility of carrying out their final wishes. Both executors and administrators also bear the responsibility of closing the estate, or probate. Anytime a personal representative is appointed, it means there is a probate case happening. Probate is when someone has passed away and now someone must close their estate and distribute their remaining personal belongings.

Role and Responsibilities

Though getting to be appointed an executor or administrator is a different path, much of the responsibilities are the same. Both executors and administrators bear the probate responsibilities, including but not limited to assessing the estate, paying off debts, and distributing assets. One thing to note is that executors are responsible for carrying out final wishes, whereas administrators are not, because the decedent left no will and no wishes. Where executors distribute assets according to the will, administrators distribute assets according to Intestacy laws here in Tennessee, covered in T.C.A. § 31-2-101.  

Compare and Contrast 

Despite both positions maintaining the same general responsibilities, there are slight differences between the two. Both must go through the probate litigation procedures, attend court hearings, account for assets, and distribute them accordingly, but where an executor distributes according to their Will, administrators follow Tennessee Intestacy laws. Say a woman, Tessa, passes away. Tessa has no children, and is 27 years old. On her commute to work with 2 of her coworkers, the three are hit by a drunk driver in a pickup. According to Tennessee Intestacy laws, distributing her assets according to T.C.A. § 31-2-101 is like so:

  • First, because Tessa is only 27, she didn’t make a will, so the court appoints an administrator to distribute Tessa’s belongings. Then the administrator must find and contact Tessa’s parents’ to inform them of her passing (if they do not already know) and inform them that they are her heirs-at-law. Tessa’s mother and father are divorced, but both are still alive, so the administrator must decide how to split the assets equally among the two. 

Now let’s take the same exact situation, but where Tessa did make a Will:

  • Tessa, despite being 27, already wrote up an early will. During the initial hearing, her Will is validated, and the court makes her mother the executor, like she requested. In her Will, Tessa requests that her physical belongings, like her car, jewelry, and clothes, are given to her siblings. Tessa’s executor, her mother, gives Tessa’s sister her clothes and jewelry, and gives Tessa’s brother her car, so that the belongings are split equally. Tessa also requests any money in her checking account be divided between her brother and sister, but requests that any money in her savings and work retirement/401k be put in her parents’ retirement fund.

These two situations are similar, and yet still distinctly different. Despite all other factors being the same, because Tessa had a Will, the outcome of her case was drastically different. When Tessa passed away Intestate, the court and her family had no idea what her final wishes could have been, and had no idea how she wanted her belongings to be distributed. However, in the opposite situation, where she did have a will, her family all knew what she wanted to go where. Tessa’s family can grieve in peace knowing they fulfilled their daughter’s final wishes, and Tessa can rest peacefully knowing her things went to her family just how she wanted them too. Comparing the situations, we can clearly see the small nuances that make them different from one another. 

Living Representatives

A form of representation, guardianship and conservatorship pertain to watching over the general wellness of another individual, making sure they have all their basic necessities met and are in the best possible state of mind. Guardianship and conservatorship, like executors and administrators, have a distinct key difference. Guardianship is given to those deemed too young to take care of themselves, whereas conservatorship is given to those too old or incapable of taking care of themselves. Like executors and administrators, the responsibilities pertaining to the two roles are very similar. Medical visits, appropriate nutrition, clothes, and education are all responsibilities conservators and guardians have, alongside financial responsibilities over the estate of those they are taking care of. Those being taken care of are allowed to contest guardianship or conservatorship if they want to, and the court only determines conservatorship and guardianship in the most severe cases, as the decision is limiting for the conservatee and guardee in regard to personal choice and preference.

Conclusion

Personal representatives are vital and necessary for the smooth flow of probate, but holding the title comes at a cost. Losing your loved one is already difficult, and if you need help getting a foot in the door, call our office today. Our seasoned attorneys have years of probate experience and would love to help you.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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Dependency & Neglect – What is it? Who does it affect?

by Juvenile D&N
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Intro

What is dependency and neglect? What does it mean in legal terms? This post will cover some of the basic information of dependency and neglect in court so that you have a fundamental understanding of what is going on in your trial. It’s important to understand what’s going on, rather than going with whatever your lawyer tells you. At Hairston & Associates, we value your opinion and do everything we can to make sure you feel heard. 

What is Dependency & Neglect? 

Dependency & neglect is any abuse of a child that endangers their wellbeing. A court will determine dependency and neglect when a parent is observed to take improper or unlawful care of a child. A court has the ability to transfer custody of a child to someone else if they’re found being dependent and neglected, and can even terminate the rights of parents if it’s found to be in the best interest of the child. Often, the Department of Child Services (DCS) will take children out of their parents improper and usually endangering care, and place them in close relatives’ homes for better, safer care. A child that is dependent and neglected, pursuant to T.C.A. §37-1-102(b)(13) is a child:

  • Who has no parent or custodian around to support them
  • Who has a parent or custodian who is found incapable of supporting the child due to reasons like; mental incapacity, cruelty, immorality, or depravity
  • Who is under an unlawful or improper care from any federal, state, or local organization, institution, corporation, agency
  • Who has been kept out of school willfully
  • Who has a parent or custodian unwilling to provide medical care
  • Who has been found doing something unlawful or illegal due to lack of supervision
  • Who has been found in such a state of want or need as to injure or endanger themselves or other children
  • Who suffer from physical abuse or neglect
  • Who has been under the guardianship of a non-family member for six (6) consecutive months, and that person has not sought legal custody
  • Who has been allowed or encouraged to view or participate in explicit materials and acts
  • Who has been the sole financial provider and physical caregiver for at least 18 months 

Children who are dependent and neglected fit one, or often more, of these criteria. Children who are dependent and neglected also face Adverse Childhood Experiences, or ACE’s. ACE’s affect children’s cognitive, emotional, mental, and social development. If a parents’ rights have been terminated, DCS will take legal custody of that child, and place them in foster homes until they are adopted. Around 205,000 children enter the foster system annually, compared to the 215,000 that leave the system. Of that number, 47% are children who go back to their primary caregivers, 25% are children being adopted, and 9% are children who age out of the system. 

What Happens to a Child if They’re Found Dependent & Neglected?

Because of the problem neglect poses on children, there are solutions. Children who’ve been found dependent and neglected are most often placed with the alternate parent or other relatives until their primary parent corrects their actions and gets back up on their feet. If a child has been in temporary care of another, that person can adopt the child. However, adopting children who already have legal guardians isn’t possible. If you want to adopt a child through the foster care system, and their parents still have a legal guardianship over them, you can petition for the termination of the parents’ rights. Following guidelines set out in T.C.A. §36-1-113, a parents’ rights can only be terminated if it has been proven to the court that that decision is in the best interest of the child.

However, what is not accounted for is the long and short term effects of living dependent & neglected as a child. Or, if they were dependent & neglected and put in the foster system, then adopted? What are the effects of the foster system in America, but more importantly, right here in Tennessee. As stated before, children who are living dependent and neglected often face other difficulties in their lives. ACE’s, or Adverse Childhood Experiences, are “potentially traumatic events that occur in childhood”. ACE’s have a lasting effect on the mental and physical well being of children, and these effects can last years, all the way to adulthood, even affecting their own children. ACE’s can increase your risk for sexually transmitted diseases, maternal health problems, and suicide. Your risk of cancer, diabetes, heart diseases, depression, stress, and toxic stress also increase the more you experience ACE’s. Prolonged toxic stress can impact the growth and development of a child’s brain, and in turn affects the attention span, learning, and decision making skills of the child. 

 What Can I Do if my Child is Found Dependent & Neglected?

If the court has decided your child is in fact, dependent and neglected, your child is either going to be placed with your co-parent, your co-parent’s family, your family, or if none of them are able and willing, a safe environment in the foster system. The child will be in that home for the remainder of the court proceedings, and until you have corrected your actions. You can appeal the charge, however you must bring new, clear & convincing evidence. Regardless of preferences of anyone, the court will make decisions based on the best possible interest and outcome for the child. When transferring custody or establishing guardianship, the adult must fit the criteria set forth in T.C.A. §36-6-106 and T.C.A. §34-1-102, respectively.

Conclusion

Dependency & Neglect is a tough topic, both to learn about and to have to go through. Children are the most vulnerable, and every parent should do everything they can to give their child what they deserve. Dependent and neglected children have a higher risk for mental, emotional and physical ailments, like toxic stress, depression, suicide, cancer, or heart diseases. It’s unfair to put a child in this situation. If your own child is experiencing any of these situations, call Hairston & Associates so we can help, there’s nothing we’d rather do.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

Foster statistics (https://www.aecf.org/blog/child-welfare-and-foster-care-statistics)

ACE statistics (https://www.cdc.gov/aces/about/index.html)

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Primary and Alternate, what do they mean? – Exploring the deciding factors in custody plans

by Child CustodyParenting Plan
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What is a Primary Parent

Primary parents, or primary caregivers, are people who take care of or watch the child(ren) for at least 50% of the time. A primary parent can be adoptive parents, legal guardians, as well as both mothers and fathers. It’s important to note that even if there is a 50/50 custody arrangement, a primary parent must be named for legal purposes. Primary and alternate parent responsibilities do not differ much in type, but rather volume. Deciding who is the Primary parent and who is the Alternate parent is decided in court. Custody and child support cases are both heard in Juvenile, and custody battles happen with or without a previous marriage. Primary parents shoulder much of the weight of taking care of their child(ren), taking them to school, feeding and clothing the child, setting up medical and dental visits, etc. and they are almost always doing this with a full time job! Parents really are superheroes.

The Role of an Alternate Parent

The role of any parent is to support their child. The role of an Alternate parent should be to support the primary parent in providing care for the child(ren). Both the Alternate and the Primary parent should encourage the child(ren) to continue building a relationship with the other parent. There’s no real ‘role’ either parent to play, you just do what you think is best for your child and their future. Alternate parents should aim to be flexible, and try their best to continuously update the primary parent. Try to plan tasks and activities for you and your child(ren) to do together. Being there and doing your best is what is most essential, and your child will come to appreciate it and you. It’s also important to note that most alternate parents are the ones paying child support, where the primary parent is receiving it. 

Types of Parenting Arrangements

Tennessee is a mother state, meaning when in court, the judge or ruling is almost always in the mother’s favor, which also means you fathers are gonna have to work extra hard to win over the court and swing the case in your favor. Tennessee most commonly has 80/20 splits, favoring the mother and giving her around 280 days, and the father 80. It is rare, but 50/50 custody splits happen, as well as 60/40 and 70/30. Again, in Tennessee these splits favor the mother, because Tennessee is a mother’s state, and actually ranks bottom on a list of states measuring the amount of time children spend with their father, check out that statistic here!

Working in Tandem

In 2001, the state of Tennessee officially started using legal language like “primary parent” and “parenting time,” rather than their previous counterparts, “sole custody” and “visitation”. The gentle language used denotes a significant change in the way Tennessee goes about their family legal procedures. The quality of care received by the child(ren) impacts their social and cognitive growth, so work with your co parent in accordance to your own parenting plan for the well-being of your child. If you ever disagree with a decision the co parent makes, always be sure to address it and communicate how you feel to the best of your ability. Pursuant to  §36-6-402, in the state of Tennessee, an attempt at a resolution is required in civil disputes, so if attempting to speak to the co parent does not prove to be effective, the next step is mediation. 

Conclusion

Our attorneys here at Hairston & Associates have mediation certification and experience! If you have an open child custody case, contact us today and see how we can help you!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.