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Clarksville Legal Blog

Will an across-the-state move be a good move for your child?

You are thrilled about a new job offer. There is one problem, though: The new position is located in the southern part of Tennessee about four hours’ drive from Clarksville.

As the custodial parent, you plan to take your eight-year-old with you when you move, and you know you must get permission. Will the court approve your request?

Allegations of abuse and their impact on child custody decisions

The goal of a Tennessee court that must establish a custodial plan for a family is to meet the needs of the child who will be affected by the court's decision. This can mean that the court must make many considerations to determine the best interests of the child. One important consideration that can be weighed in its evaluation is the presence of allegations or evidence of abuse in the parent-child relationship.

Claims of abuse, whether emotional, physical or sexual, can be important factors that can sway courts against awarding custody to some parents and giving it to others. For example, if a parent has been alleged to have harmed their child through alleged acts of violence a court may determine that placing the child with such parent would be contrary to their best interests.

What is Chapter 7 bankruptcy?

Bankruptcy is a legal path to resolving financial debts and obligations. There are different types of bankruptcy that may serve the different needs of individuals, and one of those types of bankruptcy is Chapter 7. Tennessee residents who are interested in learning more about Chapter 7 bankruptcy may find this post useful but as with all legal matters they are also encouraged to discuss their individual bankruptcy needs with their own legal representatives.

Chapter 7 bankruptcy is sometimes called liquidation bankruptcy because it requires individuals to sell off or "liquidate" items of their own possession. For example, a person may have to sell furniture, artwork, jewelry, vehicles and other property items in order to have sufficient money to pay off their creditors. Individuals who have enough income to make a repayment plan for their creditors may not be eligible for Chapter 7 bankruptcy and may instead have to pursue Chapter 13 bankruptcy.

Custody options for Tennessee families

It can be hard on a child to watch their parents go through a divorce or separation. In the end the child will have to find a new level of normalcy for their life and will have to adjust to spending their time with their parents in separate homes. How the parents will share their time and parenting decisions with their child will form the basis of the custody arrangement they create or receive from the court.

Tennessee parents can have joint custody of their child or one parent may have sole custody of the child. If it is in the best interests of the child for them to live exclusively with one parent and to have that one parent make all decisions about their upbringing then sole custody may be a good option for them. If, however, the child will benefit from splitting their time between the homes of their parents then joint or shared custody may be awarded.

Money problems and debt are common causes for divorce

When two people fall in love and decide to join their lives together in marriage, they may vow to stay together through good times and bad times, during periods of wealth and periods of poverty. However, a recent survey of divorced individuals suggests that enduring the bad times and periods of financial stress may not be as easy as some initially thought. Money problems and debt are some of the major causes of divorce for Tennessee residents and other Americans.

In fact, in a recently published survey, it was reported that money issues may be the cause of around one-third of all divorces. Not having enough money or not agreeing with one's spouse regarding the proper way to spend or use money can cause significant rifts in committed marital relationships.

Noncustodial parental rights in Tennessee

After a separation or divorce a child's life is thrown into chaos. At the very least they will have to move in with just one of their parents at a time and in some cases they may not have much contact with their noncustodial parent. When a court grants physical custody solely or primarily to one parent, it can be difficult for the noncustodial parent and their child to retain a strong relationship.

Because of these challenges courts often grant noncustodial parents rights to protect their involvement in their children's lives. For example, a noncustodial parent should be able to speak with their child at least two times per week and those communications should not be hampered by the custodial parent. Also, a noncustodial parent should be given two days' notice when their child has an extracurricular event, such as a sporting match or dance recital. Noncustodial parents may not be cut out of their kids' lives.

Allegations of violent activity should receive defense support

Anyone who has ever watched a crime drama on television is generally aware of how the criminal justice system works. A person may be arrested if they are found to be associated with an alleged crime and then a prosecutor is required to build a case supported by evidence to prove that they committed the alleged illegal act. If they are found guilty, that person may wind up facing a very serious penalty.

However, Tennessee residents may also be aware of the fact that the criminal justice system is not perfect and that often mistakes are made during the collection of evidence, the assessment of suspects and the application of criminal charges. Men and women may be wrongly pulled into the system by virtue of being in the wrong place at the wrong time and may face serious consequences for alleged crimes that they did not commit.

What is a repayment plan under Chapter 13 bankruptcy?

Making the difficult decision to file for bankruptcy can weigh on a Tennessee resident, but once they have committed themselves to pursuing the process to manage their debts their decision-making is not over. An individual who wishes to seek bankruptcy protections must still choose which form of individual bankruptcy will provide them with the best options for moving forward.

If the individual elects to pursue Chapter 13 bankruptcy, they will be required to create a repayment plan. The repayment plan is the central component of a debtor's efforts to attain discharge in this form of bankruptcy.

4 tips for divorcing in your 20s

Marrying your sweetheart when you are young is one of the most exciting experiences. There is nothing better than young love. Unfortunately, not every fairytale lasts forever. You may find your marriage falling apart when you are still in your twenties. 

How do you manage such heartbreak? Here is some advice for surviving a divorce in your twenties. 

Domestic violence allegations come from different relationships

Prior posts on this Tennessee legal blog have discussed the importance of zealously defending yourself against domestic violence claims. A charge of domestic violence can disrupt a person's family life and force them into a difficult world of criminal allegations and hardship. While many people think that domestic violence matters only arise between individuals in romantic relationships, in Tennessee many different alleged domestic violence victims can make claims against their alleged aggressors.

A person may be accused of domestic violence by their spouse or romantic partner. That can be a person who they are currently dating and even individuals who they are no longer involved with can allege domestic violence against them. Former spouses can also claim domestic violence after their marriages have ended.

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Mathis, Bates & Klinghard PLLC
412 Franklin Street
Clarksville, TN 37040

Phone: 931-444-3153
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