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Channel: Procedure | Herston on Tennessee Family Law
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Default Judgment Against Active Duty Military Parent: State ex rel. Price v....

Facts: Mother received child support enforcement services from the State of Tennessee. The State, acting on mother’s behalf, filed a petition to establish paternity against Father. Hearing no response...

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Modification of Grandparent Visitation in Tennessee: Lovlace v. Copley

Facts: In their divorce, Mother was designated the primary residential parent of Child and Father was awarded supervised visitation. Eventually, Mother married Stepfather. The paternal grandparents...

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Grandparent Not Entitled to Notice of Adoption: In re Janessa R.K.B.E.

Facts: The trial court granted the adoption of Child by her foster parents. Child had been in the custody of the Department of Children’s Services. Shortly thereafter, Child’s paternal grandmother...

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Mental Health Records Not Discoverable in Tennessee Child Custody Case:...

Facts: When the parties were divorced, Mother was named the primary residential parent. After the divorce, Mother experienced mental health problems that resulted in several extended hospitalizations....

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Tennessee’s Jurisdiction to Modify Child Custody When Child Has Lived...

Facts: Child was born to unmarried parents in Indiana. Mother lived with Child for the first 18 months while Father resided in Tennessee. Mother and Child moved to Tennessee when Child was 18 months...

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Mental Health Records Are Discoverable in Tennessee Child Custody Case:...

Facts: The parties — parents of two children —divorced after a six-year marriage. As part of a temporary mediation agreement, each party agreed to participate in psychological therapy. Later, Wife...

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Tennessee Paternity Finding Reversed Eighteen Years Later: Kimbrough v. Hales

Facts: In the parties’ divorce in 1991, both parties testified under oath that Mother was currently pregnant but Father was not the biological father. Mother later gave birth, and Father had no...

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Child Support Obligation for Stepfather Reversed in Tennessee Divorce: Braun...

Facts: Child was born to Mother and Father. They separated, and Father did not maintain a relationship with Child. Mother married Stepfather, and they had a child, Titus. Mother and Stepfather allowed...

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Grandparent Visitation Effort Barred by Doctrine of Claim Preclusion in...

Facts: Parents of Child were married and lived in Mississippi. At some point, they separated. Child lived with Mother for approximately seven months in Mississippi. Child then lived with Father in...

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Tennessee Child Support Services Lacks Authority to Appeal Over “Client’s”...

Facts: Mother and Father are the parents of Child. In 1993, when Mother filed a petition to establish paternity and set child support, the Child Support Services office of the Tennessee Department of...

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Dismissal of Humboldt Divorce for Lack of Jurisdiction Reversed: Wilken v....

Facts: The parties lived in Maryland throughout their 19-year marriage. In 2007 or 2008, Husband left the marital home in Maryland. Several months later, he moved to Tennessee. About one year after he...

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Post-Divorce Parental Relocation Reversed in Memphis: Toyos v. Hammock

Facts: Child was born in Memphis to unmarried parents. A subsequent paternity test confirmed Father’s paternity. Mother was named the primary residential parent, and Father was awarded 90 days of...

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Judicial Notice of Disputed Facts Leads to Reversal in Madisonville Child...

Facts: Husband and Wife divorced in 1975. They had one child for whom Husband was ordered to pay child support. Husband died in 2010. Ex-Wife filed a claim against Husband’s estate for unpaid child...

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Unclean Hands Leads to Loss of Property in Sparta Divorce: Jolley v. Jolley

Facts: After 28 years of marriage, Wife filed for divorce. Husband and Wife owned a piece of property with unrelated Third Party. A few months after the divorce was filed, Husband transferred his...

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Tennessee Supreme Court Clarifies Standard of Review in Termination of...

Facts: The parties divorced in March 2002. In November 2002, Mother purported to give Father a flu vaccination but instead injected him with a chemical used to euthanize animals. In May 2003, Mother...

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Nashville Child Support Reduction Reversed: Uria v. Uria

Facts: The parties divorced after five years of marriage. They have two children. After mediation, the parties filed an agreed parenting plan to the trial court that determined Father’s child support...

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Failure to Promote Relationship With Other Parent Leads to Loss of Child...

Facts: Child was born to unmarried Mother and Father. Father filed a Petition to Establish Paternity in which he asserted that he had voluntarily supported Child and had emotionally bonded with her,...

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Change of Child Custody Reversed in Crossville Post-Divorce Dispute: Garrett...

Facts: The parties divorced with a parenting plan that equally split parenting time but designated Mother as the primary residential parent. Shortly thereafter, Mother enrolled the children in a school...

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Modification of Permanent Parenting Plans in Tennessee

This recent article by Marlene Moses in the Tennessee Bar Journal may be of interest to readers of this blog. Modification of Permanent Parenting Plans in Tennessee I worry when a client appears to be...

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Judgment for Overpayment of Child Support Required in Nashville Child Support...

Facts: Mother and Father were divorced in 2002. In 2006, Father petitioned to modify his child support obligation. After the trial court ruled, Father successfully appealed. On remand, a different...

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