Guardianship

Child Custody Issues? How a Nashville Divorce Lawyer Can Help

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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

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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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Adapting to New Realities: Modifying Divorce Court Orders

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Divorce proceedings are often complex and emotionally challenging, extending their influence well beyond the final judgment. In Tennessee, as in many states, court orders related to divorce settlements can be modified under specific legal standards. These modifications are crucial as they can accommodate changes in circumstances for either party involved. Understanding the legal framework for modifying divorce court orders in Tennessee is essential for navigating post-divorce adjustments effectively. 

Types of Divorce Court Orders

In Tennessee, divorce court orders typically cover various aspects of the divorce settlement, including:

  1. Child Custody and Visitation: Determining parental responsibilities and visitation schedules.
  2. Child Support: Establishing financial support obligations for the care of minor children.
  3. Alimony (Spousal Support): Specifying financial support from one spouse to another.
  4. Division of Property and Debts: Allocating marital assets and liabilities.

Each of these orders reflects the specific circumstances and agreements reached during the divorce proceedings. However, life circumstances can change after the divorce is finalized, necessitating modifications to these court orders.

Legal Standards for Modification

To modify a divorce court order in Tennessee, the party seeking the modification must demonstrate a significant change in circumstances. The legal standards for modification vary depending on the type of order:

  1. Child Custody and Visitation: The court will modify custody or visitation orders if there has been a substantial and material change in circumstances affecting the child’s best interests. This could include changes in the parent’s living situation, relocation, or issues related to the child’s well-being.
  2. Child Support: Modifications to child support orders are based on a substantial change in circumstances, such as changes in income, employment status, or the child’s needs. Tennessee follows child support guidelines to determine the amount of support, which can be adjusted based on these changes.
  3. Alimony: Alimony orders may be modified if there has been a significant change in the financial circumstances of either party, such as loss of income, remarriage, or medical emergencies. The court will consider the original agreement and the circumstances necessitating the modification.
  4. Division of Property and Debts: Changes to property division orders are generally not allowed after the divorce is final, except in cases of fraud, mistake, or newly discovered assets. It’s crucial to consult with a legal professional to understand the specific circumstances under which property division orders may be revisited.

Process for Modification

There are two ways to initiate a modification of a divorce court order in Tennessee. The first and easier way is to make a mutually agreeable adjustment of the previous court order, which will be presented in court by both parties and can be approved, or if it is in the best interests of minor children involved. The other way, if one party objects to such changes, the party seeking the change must file a petition with the court that issued the original order. The court will then schedule a hearing where both parties can present evidence supporting their positions. It’s advisable to seek legal representation during this process to ensure all legal standards are met and to effectively argue for or against the modification.

Navigating divorce court orders in Tennessee requires a clear understanding of the legal standards for modification. Whether it involves child custody, support, alimony, or property division, modifications are only granted under specific circumstances that demonstrate a significant change since the original order was issued. Consulting with a knowledgeable family law attorney is crucial to effectively navigate the complexities of post-divorce modifications and ensure that your rights and responsibilities are protected under Tennessee law. So contact our office today and schedule a consultation with one of our skilled attorneys who can take care of your needs.

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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“What’s Up with All These Requests?” – Navigating the Discovery Process in Divorce Cases

by Divorce
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In the context of divorce proceedings, the discovery process refers to the formal process where both parties exchange information and evidence relevant to a case. This process is crucial for each party to understand the other’s claims and defenses fully. It also helps in preparing for negotiations or trials.

Discovery Methods

Outlined in Rule 26 of the Tennessee Rules of Civil Procedure, the discovery methods include: 

1.) Interrogatories: Written questions that must be answered under oath

2.) Requests for production: Requests for documents or other tangible items

3.) Requests for admission: Request for a party to admit the truth to any matter related to the case, allowing to eliminate the need to prove those specific facts in trial. 

4.) Physical/Mental examinations: The physical or mental examinations of a party whose condition is in controversy, and provided there is good cause. This is typically conducted where the condition of a spouse impacts child custody, child support, and alimony decisions. 

5.) Depositions: Oral questions under oath, typically conducted in person.  

6.) Subpoenas: A legal document that compels an individual to provide testimony in court, produce documents, or other tangible evidence that’s relevant to the case. 

7.) Inspections: The Court can grant a party permission to enter upon land or other property owned by the parties for inspection and other purposes

Purpose

The purpose of discovery is to ensure that both sides have all the necessary information to make an educated decision and reach a fair settlement or prepare for trial if necessary. 

Scope

Discovery can cover a wide range of information including financial records, property ownership, employment history, and any other relevant factors affecting the divorce proceedings. A party and/or their attorney may choose to object to certain requests if they are not relevant or unduly burdensome.

Timeline

The timing of discovery varies depending on the jurisdiction and complexity of the case. It usually occurs after the initial filing and before trial, but specific deadlines may be set by the court. Typically, in a divorce case, initial responses to discovery requests are due within 30 days of receipt.

Compelling Compliance

According to Rule 37 under the Tennessee Rules of Civil Procedure, if one party fails to comply with discovery requests without valid reasons, then the opposing party can file a motion to compel, in which the court can intervene and force  compliance with the discovery request.

Consequences

Once a discovery request is sent, the opposing party typically has 30 days to respond with the required information. If a party or attorney fails to participate in good faith in the discovery process, the court may direct them to pay the expenses including attorneys fees, incurred by the other party. In some circumstances, failure to comply with discovery requests can lead to the entry of a default judgment against the non-compliant party which means that the non-compliant party will not be able to present information at the final hearing.

Benefits of Having Counsel Assist You with Discovery

It is common for individuals going through a divorce to work closely with their attorneys during the discovery process. Attorneys help edit/proofread a client’s responses to discovery requests in order to protect their client’s rights, and ensure compliance with legal requirements. 

Overall, the discovery process is essential for divorce cases to promote transparency, fairness, and informed decision-making, ultimately aiding in reaching a resolution that considers the interests and rights of both parties involved or preparing for a contested hearing.

If you are looking into a divorce and are curious regarding the discovery process, contact our firm today and schedule a consultation to speak with a well experienced attorney that can answer your questions regarding this topic and more.

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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The 15 Grounds for Divorce in Tennessee

by Divorce
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Divorce is a challenging journey and understanding the legal grounds for divorce is essential for anyone embarking on this path in Tennessee. There are various reasons or grounds upon which a person can seek to dissolve their marriage. In this guide, the 15 legal grounds for divorce in Tennessee, as listed in Tennessee Code Annotated §36-4-101, will be explored, looking into each and its significance. 

1. Irreconcilable Differences (No- Fault)

In Tennessee, a couple can file a divorce based on irreconcilable differences, where neither party is deemed at fault. This no-fault option allows the couple to have a smooth dissolution process based on their mutual assertion that their marriage is irretrievably broken rather than assigning blame to one spouse or the other.

2. Inappropriate Marital Conduct

Inappropriate Marital Conduct is the most commonly relied upon ground for contested divorces. It can involve one spouse inflicting physical, emotional, or psychological abuse onto the other spouse. This is rather a broad topic and it can include matters as little as being unable to provide basic needs in a marriage to matters as specific as excessive or unwanted sexual intercourse. Tennessee recognizes this as grounds for divorce, prioritizing the safety and well-being of the abused spouse. 

3. Adultery

Adultery is a common ground for divorce in Tennessee, involving a spouse engaging in extramarital affairs. Proving adultery can be difficult to do however and it does not impact the division of assets in a marriage. Adultery will be considered in any alimony determinations the court makes including whether or not to award attorney’s fees to the prevailing spouse.

4. Prior or Existing Marriage 

If either spouse has knowingly entered a second marriage while still legally married, the innocent spouse can rely on that as a ground for divorce. 

5. Desertion

Willful desertion occurs when one spouse voluntarily leaves the marital home and refuses to return with no justification. This can serve as a legal ground for divorce, especially if it persists for at least one year. 

6. Infamy

If one spouse has been convicted of an infamous crime that is outlined in Tennessee Code Annotated §40-20-112 (e.g. burglary, forgery, incest, rape), this renders the spouse infamous. This can be used as a ground for divorce.

7. Indignities 

Actions done by a spouse that undermine the other spouse’s sense of self worth and value. Neglect, isolation, hurtful and abusive language towards a spouse rendering their position in the marital relationship intolerable. This serves as grounds of divorce for the spouse receiving hatred or pain from the other spouse. 

8. Conviction of a Felony

If one spouse gets convicted of a felony and sentenced to imprisonment, such a conviction can serve as grounds for divorce. The incarceration and resulting strain on the marital relationship justifies the dissolution of the marriage. 

9. Attempt on the Life of a Spouse 

If either spouse attempts the life of the other spouse by poison or any other means of malice, that serves as a ground for divorce. 

10. Habitual Drunkenness or Drug Abuse

Habitual drunkenness or drug addiction that causes marital discord or dysfunction, can serve as grounds for divorce. Substance abuse significantly impairs the marital relationship. An interesting caveat is that the drug addiction must have begun after the marriage, if the spouse was aware of the drug addiction prior to marriage then it cannot serve as a ground for divorce.

11. Impotency

Impotence refers to one spouse’s inability to engage in procreation at the time of the marriage. If undisclosed before marriage or discovered only at the time of marriage, impotence can justify divorce proceedings in Tennessee. 

12. Pregnancy Prior to Marriage

If one spouse was pregnant by another person at the time of marriage, the other spouse may seek divorce in Tennessee. This ground recognizes the significance of honesty and transparency in marital relationships.

13. Abandonment

Abandonment refers to when one spouse kicks out the other spouse from the marital home without a just cause, and refuses to provide for the spouse while having the ability to do so. 

14. Refusal to Follow One’s Spouse to TN

If one spouse refuses to move to Tennessee with intent to establish residence, it can serve as grounds for divorce if the spouse was willfully absent from the other spouse residing in the State of Tennessee for over two years. 

15. Separation for 2 years and No Minor Kids 

A two-year separation can be grounds for a divorce if both spouses have lived in separate residences and have not cohabited as man and wife during this time and do not have any minor children. 

Understanding these 15 legal grounds for divorce is crucial for seeking the dissolution of a marriage. Consulting with an experienced family law attorney is recommended for beneficial and accurate information regarding this topic. Contact our firm today and schedule a consultation to speak to one of our well-rounded attorneys that can help you through the process of divorce. 

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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What are the Steps in a Tennessee Divorce?

by Divorce
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The process of obtaining a divorce in Tennessee can be filled with twists and turns, but there are certain steps in the process that are very common. Having a grasp on what to expect can be comforting as you embark on this arduous  journey. 

Initiating a Divorce

A divorce case begins when an individual, called the “Plaintiff”, files a complaint for divorce. In reference to T.C.A. §36-4-105, The complaint must be filed: 1.) in the county where the parties last resided together; 2.) in the county where the Defendant resides or 3.) in the county where the Plaintiff resides if the Defendant lives out of state or is incarcerated. Additionally, T.C.A. §36-4-104 establishes that the Plaintiff must be a resident of Tennessee for six months prior to the filing of the Complaint unless the Defendant has lived in Tennessee for at least six months and the acts complained of were committed out of this state and the plaintiff resided out of the state at the time.

Grounds for Divorce

In the state of Tennessee, both fault-based and no-fault-based divorces are granted. Tennessee Code Annotated §36-4-101 establishes that fault-based grounds include, but are not limited to, adultery, cruelty, abandonment, substance abuse, infamy, etc, while no-fault-based divorces involve irreconcilable differences. 

Service of Process

Tennessee Code Annotated 36-2-106 adds that after the complaint has been filed, the plaintiff must serve the other spouse with a copy of the divorce complaint and the summons. This is known as the service of process which can be done by hand delivering, certified mail or service by publication in a local newspaper when the whereabouts of the defendant are unknown. The defendant is then given 30 days to respond by filing an answer to the court stating whether they agree or disagree with the grounds of the divorce complaint. 

Negotiation/Mediation

After both parties have responded to the court, they typically engage in negotiations to attempt to come to an agreement on issues such as property division, child support, child custody and alimony. If necessary, either party can request temporary orders that resolve matters like child custody or restraining orders while the divorce is pending. 

Discovery

Both parties may also engage in discovery which involves exchanging relevant information and documents that relate to the divorce such as finance records, property variations, and witness statements. 

Court Hearings & Trials

If the parties are unable to agree to negotiation and mediation, then the case may proceed to trial where the judge will hear the evidence and make decisions on contested matters based on the arguments made by both parties. If the parties reach a settlement agreement, then the court can approve it and it will become legally binding. 

Finalizing the Divorce

Once all issues are resolved through trial or negotiations, the court will issue a final decree of divorce, officially ending the marriage. The decree will outline the terms of the divorce which includes property divisions, child custody, support arrangements, and alimony payments. This concludes the end of the marriage and a certificate of divorce will be provided by the court. 

If you are unhappy with your marriage, seeking a divorce may be the most reasonable solution to the matter.  It is advisable for individuals going through a divorce to consult with an experienced family law attorney for guidance tailored to their circumstances. If you are wanting to proceed with a divorce, contact our office today to speak with a well-rounded attorney. 

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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When Things Aren’t Safe – Exploring the Intersection of Divorce and Order of Protection

by Divorce
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Everyone has a right to be free from unwanted physical contact, threats, or stalking, and yet, all too often a person in the middle of a divorce experiences these heinous acts at the hands of their spouse. When this happens, what can one do to keep themselves safe? Are they continually at the mercy of their abusive spouse? This article will explore what a divorcing spouse can do when things are not safe at home.

What is an Order of Protection?

An order of protection is an order issued by the court to protect an individual in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. In the context of divorce, an order of protection can provide immediate safety for victims of domestic abuse or threats of violence from a spouse. The court’s aim is to prevent harm in the future and create a safe environment for the victim. 

How to Get an Order of Protection?

To obtain an order of protection in Tennessee, an individual must file a petition with the court alleging that they are a victim of domestic abuse or that they have a reasonable fear of imminent harm from a spouse or ex-spouse. When the petition is filed, it will be reviewed by a judge who will decide whether a temporary order of protection should be issued or not. 

Next, the respondent will be served with the order of protection and the case will be set for a hearing within 15 days. Both parties will have the opportunity to present their case at the hearing. In order for the order of protection to remain in effect, the petitioner must demonstrate by a preponderance of the evidence that he/she is a victim of domestic abuse or that there is an imminent threat of harm.

For example, in the case of Honeycutt v. Honeycutt (Tenn. App. Mar 06, 2016), the petitioner requested an order of protection during a divorce process due to her fear of being abused by her spouse based on past incidents of abuse. Finding this as good cause, the court issued Ms. Honeycutt a temporary order of protection for 45 days.

What Happens to an Order of Protection During a Divorce?

Pursuant to Tennessee Code Annotated 36-3-603, if an order of protection is in effect at the time the petitioner files a Complaint for Divorce, the order will remain in place until the court in which the divorce action is assigned either modifies, dissolves, or extends the order in accordance to the divorce. Therefore, if the threat of abuse or violence persists after the divorce takes place, the victim can be provided relief by making the protection order a part of the divorce decree.

Relief and Penalties

The types of relief that the victim can receive from the protection order include prohibiting the abuser from contacting or coming near the victim, requiring the abuser to vacate shared property, establishing the financial obligations of the abusive spouse, and granting temporary custody of children to the victim. Furthermore, orders of protection are issued by a court and are legally binding, and violation of the orders as supported by Tennessee Code Annotated 39-13-113, can result in criminal penalties including fines and imprisonment.

While orders of protection can provide a sense of security, they may need to be supplemented with other legal measures such as custody arrangements and restraining orders incorporated into divorce orders to help provide long-term safety and resolution.  

If you are not safe in your home, contact the police. If you decide that you need to file an Order of Protection, you can get more information here. If you need an attorney to go with you as you prosecute or defend yourself in an order of protection case, please contact our office to speak with a seasoned attorney about your options.

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.