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Positive News for Parents Exercising Joint Parenting Time – new law pending!

Positive News for Parents Exercising Joint Parenting Time – new law pending!

by Morgan Smith | May 27, 2019 | Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification

Great news for parents who are exercising joint time! A new bill is pending and as of July 1, 2019, parents exercising joint parenting time will be able to elect to list both parents as joint custodians. What does this mean? If you get to list both parents as joint...

Heads Up – Relocation laws for Tennessee have changed!

by Morgan Smith | Jul 24, 2018 | Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification

As of July 1 the relocation laws in Tennessee have changed.  The new statute is being applied remedially in Davidson County, how it will be handled in other counties is still up in the air.  This means even if you begun the relocation process prior to July 1, the new...

Appellate Court Reiterates Disagreement on School is Not Grounds to Modify

by Morgan Smith | Jun 22, 2018 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification

The Tennessee Court of Appeals has reiterated that a disagreement over schools is not grounds for a modification of the primary residential parent designation.  This was considered pretty settled law, but some court still rule this way and require parents to fund...

Why your divorce is the best time to fight for primary care and control

by Morgan Smith | Jun 3, 2016 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification

“However, “a “change in circumstance” with regard to the parenting schedule is a distinct concept from a “change in circumstance” with regard to the identity of the primary residential parent.” Massey-Holt v. Holt, 255 S.W.3d 603, 607...

Divorce and Voluntary Underemployment – New Opinion

by Morgan Smith | May 10, 2016 | Contested Divorce, Post-Divorce Modification

A recent decision affirming a finding of underemployment came up through our own Fourth Circuit of Davidson County.  In Cocke v. Cocke, Mother filed a petition to increase support and Father filed a counter-petition to reduce it based on the eldest child emancipating....
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