What is a Right of First Refusal in a Parenting Plan?
Tennessee Family Law Questions & Answers
Release Date: 07/08/2016
How is child support calculated in Tennessee?
Tennessee Family Law Questions & Answers
No one really likes to pay child support. It is, perhaps, one of the most contentious issues in cases involving children. In my practice, I have discovered several reasons for this. First, when child support is paid, it is paid to the other parent. The greater the animosity between the parents, the more difficult it is to make those payment. It creates the illusion that the person paying the child support is actually paying the money for the benefit of the other parent and not the children. In Tennessee we have a comprehensive set of guidelines used...
info_outline
Understanding the Tennessee court system
Tennessee Family Law Questions & Answers
A good understanding of the court system is essential for both attorneys and for consumers of the judicial system. Additionally, it is important to know which courts in your county have jurisdiction over which type of cases. In this episode, we discuss the structure of Tennessee’s judicial system. Resources
info_outline
How is property divided in Tennessee divorce cases?
Tennessee Family Law Questions & Answers
In Tennessee, courts are required to equitably divide marital property between the parties in a divorce. The court will usually attempt to determine the value of all marital property and then attempt to determine the proper division of that property. Tennessee is a dual property state as opposed to an all property state. In a dual property state, the court may only divide property this is considered marital property. Once the marital property is identified, the court will determine the division of the property based on eleven factors set forth in the divorce...
info_outline
What rights do Grandparents have in Tennessee?
Tennessee Family Law Questions & Answers
In most families, grandparents play a significant role in the lives of grandchildren. I have some great memories spending time with my grandparents growing up in Nashville. I was lucky to have both sets of grandparents until I was well into my twenties. In some families, however, grandparents are at odds with the parents and the relationship between the grandparents and the grandchildren is affected. When this happens, the grandparents may be required to resort to the courts in order to spend time with their grandchildren. As a general rule, parents have the right...
info_outline
What is adultery in Tennessee and does it really matter?
Tennessee Family Law Questions & Answers
Adultery is defined as voluntary sexual intercourse between a married person and someone not the spouse of that married person. In Tennessee, adultery can be proven by circumstantial evidence as well as by direct evidence. There are several defenses to adultery. The first is called recrimination and occurs when the spouse alleging adultery has also committed adultery. The second defense is referred to as condonation. The defense of condonation occurs when the innocent spouse, knowing of the adulterous conduct, takes the guilty spouse back and engages in...
info_outline
Can I get Alimony in Tennessee?
Tennessee Family Law Questions & Answers
Alimony is available in Tennessee in appropriate divorce and legal separation cases. A number of factors go into determining an award of alimony. The most important factor is the need of the spouse seeking alimony and the ability of the other spouse to pay the alimony. There are four types of alimony in Tennessee. Alimony in futuro, also referred to as periodic alimony Rehabilitative alimony Transitional alimony Alimony in solido, also called lump sum alimony There are a number of factors that go into an alimony decision. When facing a case involving alimony,...
info_outline
What happens if the Other Parent is Underemployed?
Tennessee Family Law Questions & Answers
In Tennessee, child support is based in part on the relative incomes of the parents. But what happens if one of the parents is not working up to their potential? What if one of the parents quits a lucrative job and takes a lesser paying job, or perhaps just quits working altogether? If this episode, we discuss how a court determines whether a parent is underemployed and what steps the court will take to insure that parent continues to support the child. RESOURCES
info_outline
What is a Voluntary Acknowledgment of Paternity?
Tennessee Family Law Questions & Answers
In Tennessee, one out every three children are born to unwed parents. There are several ways to establish paternity of a child. First, the mother and father can both sign a form called a voluntary acknowledgment of paternity. Second, a paternity action can be filed in court. The voluntary acknowledgment of paternity involves no court action and is usually accomplished in the hospital just after the birth of the child. There is no fee for submitting the voluntary acknowledgment of paternity, provided the form is filled out, signed and filed with the proper state...
info_outline
Does a Child Always Take on the Last Name of the Father?
Tennessee Family Law Questions & Answers
Courts will not change a child’s last name unless the change promotes the child’s best interest. When considering the child’s best interest, the following factors must be used by the court: The child's preference The change's potential effect on the child's relationship with each parent The length of time the child has had its present name The degree of community respect associated with the present and proposed name The difficulty, harassment, or embarrassment that the child may experience from bearing either its present or its proposed name Both parents can agree to the change...
info_outline
What is a Primary Residential Parent?
Tennessee Family Law Questions & Answers
In Tennessee, the parent with the majority of the parenting time is always designated as the primary residential parent. But what happens when both parents have equal parenting time with the children? Who is the primary residential parent? The parenting plan in Tennessee states that the designation of primary residential parent is SOLELY for purposes of any other applicable state and federal laws. If the parents are listed in Section II of the parenting plan as joint decision-makers, then, for purposes of obtaining health or other insurance, they shall be considered to be joint...
info_outlineIn 2011, the Tennessee Legislature passed a law requiring the courts to “order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the [best interest of the child].” It makes since that if one parent is unable to care for the child during his or her parenting time, the other parent should be given an opportunity to do so before a baby sitter is used. Such an arrangement will “permit both parents to enjoy the maximum participation possible in the life of the child. . . .”
This is called a right of first refusal. Care should be used when drafting a right of first refusal. Factors to be considered are things such as a minimum amount of time before the right kicks in, a set period of time for giving notice to the other parent of the option to exercise the right, and a requirement to let the other parent know within a reasonable time whether or not the option will be exercised.
The following is an example of an actual right of first refusal in a permanent parenting plan order approved by the court: “If either parent is unable to spend time with the child during that parents parenting time and would otherwise be forced to utilize a third party to stay with the child, the other parent shall have the option to spend that time with the child. The parent who is scheduled to have parenting time shall give the other parent at least four (4) hours’ notice of the inability of that parent to spend time with the child and the other parent shall either accept or reject the opportunity to spent that time with the child at least two (2) hours following the notice.”
Rights of first refusal are generally a good idea as long as there are limits in place. It is best to work out a general agreement with the other parent and then have a qualified family law attorney draft the actual agreement.
RESOURCES
Permanent Parenting Plan Order