Family Law - The Basics of the laws concerning children

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Family Law is a broad term that we use to define all legal actions that regulate family relationships. Most commonly we think of divorce, but this broad term also encompasses child custody, child support, lawsuits that include the Department of Children Services, relocation cases, and much more. 

In nearly all family law cases involving children, the Court is tasked with the question of what is in the best interest of the minor children, and the Courts in Knoxville and the surrounding counties are no different. Family law cases often revolve around fact-intensive inquiries to determine what is in the best interest of the minor children involved. Courts meticulously examine the details of each case, considering factors such as the child's physical and emotional well-being, the stability of each parent's home environment, and the history of parental involvement. Every fact presented can significantly influence the court's decision, making it crucial to provide a comprehensive and accurate portrayal of the circumstances. This fact-centered approach ensures that the final decisions support the healthiest and most supportive outcomes for the children. At The Goetz Firm, our job to take the facts that exist and apply them as effectively as possible to get the results our clients deserve. 

In general, child custody cases come in two forms, one is as a result of a divorce and the other is a result of a minor child born out of wedlock. In cases where a child is born out of wedlock, the mother is presumed to be the mother and has full rights of the child, while there is no such presumption for would-be fathers. As such, fathers in Tennessee need to file a Petition to Establish Parentage and for Custody before having any rights to their minor children. Much like divorce cases, these cases end with a permanent parenting plan or some sort of residential schedule. This essential document outlines the annual number of days each child will spend with each parent, the day-to-day co-parenting schedule, holiday divisions, and child support amounts. Couples must attempt to create this parenting plan through mediation during their custody proceedings. If mediation fails, a judge will determine the residential schedule based on several key factors.

Understanding how child support works in Tennessee involves examining the guidelines set by the state statutes. According to Tennessee Code Title 36, Chapter 5, child support is calculated based on the income of both parents, the amount of time each parent spends with the child(ren), and the number of children being supported. Income considered includes wages, salaries, commissions, tips, self-employment income, bonuses, overtime payments, severance pay, pension and retirement plans, interest, dividends, trust and annuity income, net capital gains, Social Security benefits, workers' compensation, unemployment benefits, personal injury awards, civil judgments, gifts, prizes, lottery winnings, and alimony from previous marriages.

Judges can order child support to cover basic needs such as food, clothing, housing, transportation, and health insurance. Additionally, they may include expenses for extraordinary educational needs, medical, hospital, or dental costs, and special athletic, extracurricular, or cultural activities.

Parents are obligated to pay child support until the child turns 18, unless the child is still in high school. In such cases, support continues until the child graduates or completes the grade they were in when they turned 18. This framework ensures that children's needs are met based on a thorough assessment of relevant financial and situational factors.

In Tennessee, determining whether a child is dependent or neglected involves a fact-intensive inquiry, often initiated by an emergency custody petition. When such a petition is filed, a magistrate must decide if the allegations make a colorable claim that the child is in immediate danger. Tennessee Code § 37-1-114(a) outlines that a child can be taken into emergency custody if they are neglected, dependent, or abused, and if delaying a hearing would likely result in severe harm.

Key factors considered include the child's current care situation, the actions or inactions of the parent or guardian, and whether the child is in immediate danger. The statute defines various scenarios of neglect and dependency, such as lack of proper supervision, unfit parents due to cruelty or immorality, and failure to provide necessary medical care.

During a preliminary hearing, the burden of proof lies with the parent seeking emergency custody to show that it is more likely than not that the child is neglected, dependent, or abused. The judge's discretion plays a significant role in these cases, making it crucial to consult with an attorney to understand the judge’s perspective and develop a strong legal strategy. 

In Tennessee, if a parent wishes to relocate more than 50 miles away from the other parent or out of state after a permanent parenting plan is established, they must notify the other parent by registered or certified mail at least 60 days before the move. This notice must include the intent to move, new residence location, reasons for relocation, and a statement that the move will proceed unless the non-relocating parent objects within 30 days.

If the non-relocating parent objects, the relocating parent must file a petition for approval. The court then determines if the move is in the best interest of the child, considering factors such as the child's relationship with both parents, the child's developmental needs, and the feasibility of maintaining the relationship with the non-relocating parent. The child's preference may also be considered, especially if they are 12 or older.

If the court approves the relocation, the parenting plan will be modified to accommodate the move. If denied, the relocating parent can still move, but the parenting plan will only change if necessary for the child's best interest. Costs related to visitation and potential deviations from child support guidelines will also be evaluated to ensure ongoing parent-child relationships.