TN Supreme Court Upholds Child Support After Parent's Death

TN Supreme Court Upholds Child Support After Parent's Death

Excerpts:

The Tennessee Supreme Court ruled Monday that a noncustodial parent still has child support obligations when a youngster is placed in the custody of a third party.

In a 5 to 0 decision released in Knoxville, the court ruled that a father must still pay child support even though the mother of his children died and her parents were granted custody.

Senate Passes Shared Custody Measure - TN

NewsChannel 5 Network

Excerpts:

A bill that could change the way judges award custody of children in divorce cases cleared the Tennessee senate Monday night.

The shared parenting bill would require judges dealing with custody cases to assume equally shared parenting is in the best interest of the child.

Senator Doug Jackson created the bill. He said often in custody cases fathers end up only getting to spend weekends and a few weeks each year with their kids.

“All it (the bill) does is say to the courts start in the middle and work your way from there,” Jackson said. “Don't start out with a bias or a prejudice against one parent just because of gender.”

Critics of the measure said it would force children to split time equally between hostile parents.

The bill will move to the house for a vote.

Battle Over Child Custody Bill Brewing In Legislature - TN

WTVF

This article is extremely brief so here is all of it:

A bill that would change the way judges award custody of children in divorce cases is making its way through the legislature.

Called the equally shared parenting bill, the legislation would require judges to start with the idea that equally shared parenting is in the best interest of the child.

Critics said the bill would force children to split time equally between hostile parents.

But Anthony Gottlieb, a divorced father of two who supports the bill, said too many fathers are denied custody of their children.

Divorce attorney Rose Palermo told NewsChannel 5, “A lot of courts do give custody to the dad if it’s in the best interest of the child, but its not always in the best interest and dads are not always thinking about that.”

The bill was due for a vote by the full Senate next week, but has been having a tougher time making its way through in the House.

Memphis Loves Moms

I found this on MemphisWeb. I don't know about you but it sure looks advice on how a mom could get the upper hand in a custody battle. While they never specify gender, leading with a story about a child who was "returned to her mother" seems a pretty clear indication of where their bias lies.

Anyway, I suppose it is also the number to Memphis legal aid...

A baby girl who went missing Sunday is home safe with her mother tonight. 9-month-old Branson Whitt was returned to her mother Sunday night.

Shelby County sheriff’s deputies say Branson’s father took her from her home near Raleigh early that morning. Brandon Whitt is charged with aggravated burglary for breaking into the home to get his daughter. However, deputies say he is not charged with kidnapping because he is still legally married to Branson’s mother.

This case brings up an issue many parents probably don’t think about. How do you make sure your child stays with you and how do keep parent, who may have been absent for years, from just showing up one day and taking your child away? To start the process, your first stop is the Shelby County courthouse. Tennessee law says both parents have the right to custody of their child. But there are ways you can get the upper hand while keeping your child safe. Attorney Stuart Breakstone says he sees parents playing tug of war with their children all the time. “It’s basically possession being nine-tenths of the law and you can refuse to give the child back.” It doesn’t matter of you legally separate from your spouse. Both parents have equal rights to that child.

To keep down confusion, start by filing for divorce. Once the divorce papers are filed, drop them off at the courthouse. If you are worried about what the other parent could do, you need to prove the child is at risk. Try to get a hearing; the process usually takes about a week. Then convince the judge to sign an injunction to keep the other parent away. If you can show imminent danger, that injunction can come almost immediately.

If you do not have the money to pay for legal services and advice, call Memphis Area Legal Services at (901) 523-8822. There is a sliding scale, depending on your ability to pay. If you cannot afford it, the services are free.

New Child Support Rules in Tennessee

There will be new rules regarding child support in Tennessee. These rules will go into effect on 1/18/2005.

Among other things, child support payments, which are now calculated as a flat percentage of the non-custodial parent's income, will now be calculated in part based on both parents' income. The new regulations also will take into account any children a parent may be responsible for, but who are not receiving court-ordered payments. The amount of time a child spends with a parent will be considered. And there are provisions for families who split custody of two or more children.

jacksonsun.com

Tennessee Legal Aid

Legal Aid Society of Middle Tennessee is providing a class for parents who are representing themselves in custody or visitation issues. theleafchronicle.com

Tennessee Court of Appeals Reconsiders

The Tennessee Court of Appeals has agreed to reconsider it's own decision that upheld a lower court decision baring a boy's father from introducing him to his gay partner. Yahoo News