Q&A

Who is more likely to win child custody in Tennessee?

Who is more likely to win child custody in Tennessee?

Under Tennessee child custody law, the parent with more money is not more likely to win custody. While a parent with greater earnings may be seen as more able to offer the child better educational and extracurricular opportunities, the ability to provide more opportunities is only one Tennessee child custody factor to consider.

Can a 12 year old testify in child custody in Tennessee?

In Tennessee child custody law, a child who is age 12 or older can testify following a request by one of the parents. In that instance, the child’s wishes can be considered by the court. Courts do not look favorably upon a child being manipulated, coerced, or coached by a parent.

How long do you have to live in Tennessee to file for divorce?

You must be a resident of Tennessee for six months to file for divorce here. You may file in the county where you or your spouse live. If you have moved from another state recently, discuss your options with your attorney.

What does it mean to have full custody in Tennessee?

Although full custody no longer exists as a meaningful legal term, Tennessee lawyers and judges may still be heard in courtrooms using the words custody, sole custody, or full custody descriptively; meaning the parent with whom a child resides more than the other parent and who has final decision-making authority.

Do you have to live in Tennessee after a divorce?

After I file for divorce, do I have to continue to live in Tennessee? No. If Tennessee had proper jurisdiction at the time the Complaint for Divorce was filed, Tennessee will maintain jurisdiction even if both spouses move from the state.

Is there a cooling off period for divorce in Tennessee?

In Tennessee, if divorcing spouses have minor children a divorce cannot be granted for at least 90 days after the Complaint for Divorce is filed. This is referred to as a “cooling off” period.

What makes a marriage void in the state of Tennessee?

If a marriage is annulled, the marriage is treated as if it never existed. Marriages can be void or voidable. A marriage is voidable if: either party is under age; one or both parties lack capacity; there is no consent; fraud; mistake; force; impotency; the woman is pregnant by another; or the marriage is not consummated.

Can a divorcing spouse get maintenance in Tennessee?

Yes. If divorcing spouses do not agree to get divorced, the spouse seeking the divorce must prove grounds. Can I get maintenance or will I have to provide maintenance to my spouse? In Tennessee, we refer to maintenance as “alimony.” There are several different types of alimony. The factors for determining alimony are:

What does it mean to have joint custody in Tennessee?

In Tennessee child custody law, joint custody never really had a clearly defined legal meaning. As a general term, joint legal custody meant that both parents shared equally the right to care for and supervise a child.

Is there a way to win a child custody battle?

There are no guaranteed ways to win a child custody battle, but avoiding the above mistakes can at least keep you in the fight. One of the most important steps you can take to help yourself in any child custody dispute is hiring a divorce lawyer to help with your case.

Under Tennessee child custody law, the parent with more money is not more likely to win custody. While a parent with greater earnings may be seen as more able to offer the child better educational and extracurricular opportunities, the ability to provide more opportunities is only one Tennessee child custody factor to consider.

In Tennessee child custody law, a child who is age 12 or older can testify following a request by one of the parents. In that instance, the child’s wishes can be considered by the court. Courts do not look favorably upon a child being manipulated, coerced, or coached by a parent.

In Tennessee child custody law, joint custody never really had a clearly defined legal meaning. As a general term, joint legal custody meant that both parents shared equally the right to care for and supervise a child.

Can a child choose which parent to live with in Tennessee?

What age can a child choose which parent to live with in Tennessee? In Tennessee child custody law, if a child is over 12 years old, then a parent can request the court consider the child’s wishes in a contested child custody matter. When the child is under 12, the court may hear and consider the child’s wishes.