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Can a Child Choose Which Parent to Live With in Tennessee?

What Age Can a Child Choose Which Parent to Live With? If you’re breaking up with your child’s other parent or if you’re a parent headed toward divorce , and you’re wondering if older children can choose which parent to live with, you’re not alone. A lot of people believe that once a child reaches a certain age, generally 12, 13, or 14, that the child has the power to choose which parent to live ...

Understanding a Drug Paraphernalia Charge

The possession of drug paraphernalia is a Class A misdemeanor in Tennessee and it is a separate charge that is typically associated with other charges, including drug production, intent to sell, and drug possession. If you receive a conviction for this charge, you may receive a jail sentence up to 11 months and a fine of up to $2,500. If you receive a conviction for possession with intent to ...

Do I Have to Take a Field Sobriety Test?

Getting pulled over for suspicion of drinking and driving is an overwhelming situation to find yourself in and it is crucial to know your rights. The officer who pulls you over may begin by asking you a series of questions and, at some point, you may be asked to step outside of your vehicle to take a field sobriety test. How you handle this situation can potentially harm or help your case, so ...

What Are My Rights at a DUI Checkpoint?

DUI checkpoints were designed to protect drivers and pedestrians from impaired drivers. Although police officers must have probable cause to pull over a motorist, this is not necessary at a DUI checkpoint. That said, there are some requirements law enforcement must fulfill for a checkpoint to be valid. Law enforcement must announce a DUI checkpoint about a week in advance. Generally, this ...

Top 5 Benefits of Mediation

Mediation is when a couple looking to divorce meets with an impartial third party to assist in negotiating the terms of the divorce. A mediator leaves the final decision to the parties involved; they will not decide what is fair and will not place blame on either party. Instead, a mediator acts as a catalyst between the opposing parties and attempts to bring them together by shining a light on ...

Can a Child Choose Which Parent to Live With in Tennessee?

What Age Can a Child Choose Which Parent to Live With? If you’re breaking up with your child’s other parent or if you’re a parent headed toward divorce , and you’re wondering if older children can choose which parent to live with, you’re not alone. A lot of people believe that once a child reaches a certain age, generally 12, 13, or 14, that the child has the power to choose which parent to live ...

Is it Possible to Modify My Alimony Payments?

The short answer to this question is, yes, you can modify your alimony payments. However, it all depends on the circumstances of your situation and whether or not your life recently underwent any change that warrant a modification of your alimony payments. Before you go any further, it is crucial to seek experienced legal counsel from a family law attorney. In the meantime, please review our list ...

Types of Assault Charges in Tennessee

There are two types of assault (simple and aggravated), and those accused can face misdemeanor or felony charges. Depending on the severity, penalties can from prison time to fines. Simple Assault Simple assault is defined as knowingly or recklessly causing bodily harm to another person. Simple assault can result in: a victim reasonably fearing imminent bodily injury; or physical contact with ...

Understanding a Drug Paraphernalia Charge

The possession of drug paraphernalia is a Class A misdemeanor in Tennessee and it is a separate charge that is typically associated with other charges, including drug production, intent to sell, and drug possession. If you receive a conviction for this charge, you may receive a jail sentence up to 11 months and a fine of up to $2,500. If you receive a conviction for possession with intent to ...

What Are the Consequences of Simple Possession?

In Tennessee, simple drug possession is when a person is found with a controlled substance but only possessed it for personal use (was not attempting to sell it). Simple possession can be defined as: knowingly possessing a substance; casually exchanging a substance or giving out ½ an ounce at most of marijuana; or possessing a substance without a valid medical prescription. A simple possession ...

Do I Have to Take a Field Sobriety Test?

Getting pulled over for suspicion of drinking and driving is an overwhelming situation to find yourself in and it is crucial to know your rights. The officer who pulls you over may begin by asking you a series of questions and, at some point, you may be asked to step outside of your vehicle to take a field sobriety test. How you handle this situation can potentially harm or help your case, so ...

What Are My Rights at a DUI Checkpoint?

DUI checkpoints were designed to protect drivers and pedestrians from impaired drivers. Although police officers must have probable cause to pull over a motorist, this is not necessary at a DUI checkpoint. That said, there are some requirements law enforcement must fulfill for a checkpoint to be valid. Law enforcement must announce a DUI checkpoint about a week in advance. Generally, this ...

What Happens if You Are Charged with DUI More than Once?

Driving under the influence (DUI) is an illegal offense that relies on many factors to determine the legal consequences. One factor the courts consider is how many times a person has committed the same offense in the past. BAC Limit In Tennessee, the BAC of a driver must not exceed .08. If a person’s BAC is .20 or more, they can face enhanced penalties. For people under the legal drinking age, a ...

What Are a Father’s Rights in Tennessee?

In 1997, Tennessee lawfully determined that a parent’s gender should not affect whether they receive primary custody of their children. It’s stated in the Tennessee Code Annotated 36-6-412 that “It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against ...

What Is a Conservatorship?

To be the conservator of another person, or to enter a legal conservatorship, you must be able to prove that the other person is a disabled or incapacitated adult who requires someone else to handle any and all decision-making responsibilities for them . A conservatorship can be permanent or temporary, if the incapacitated adult is merely unable to protect themselves or their estate due to an ...

Is it Possible to Modify My Alimony Payments?

The short answer to this question is, yes, you can modify your alimony payments. However, it all depends on the circumstances of your situation and whether or not your life recently underwent any change that warrant a modification of your alimony payments. Before you go any further, it is crucial to seek experienced legal counsel from a family law attorney. In the meantime, please review our list ...

Specialists, General Practitioners, and the Holistic Practice of Law

A recent article by the American Bar Association asked the question, “are lawyers getting too specialized?”. The author’s theory was that as attorneys continue to become hyperspecialized, they lose the ability to solve more complex legal problems because they have lost the 10,000 foot view, or as he called it, the “legal sixth sense”. In other words, lawyers who are specialists lack the ability to ...

Another Murder Case Dismissed Without a Trial

In November 2016, we announced that criminal defense attorney and partner Chris Clark had successfully persuaded the State of Tennessee to dismiss first degree murder charges against a client. Well, it has happened again. On July 16, 2018, the State of Tennessee dismissed first degree murder and other serious felonies against a client. The client was charged in a six-count indictment that included ...

New Laws Give High Penalties for Poaching Big Game

One of Tennessee’s most valued assets is its abundance of natural wildlife. Our wildlife population includes several species of big game and has been a draw to hunters for generations. The state is as serious as ever about protecting that resource. Tennessee has always had in place various wildlife laws regarding those who poach big game animals. However, local landowners began working with ...

Can I Get a Restraining Order Removed?

In the state of Tennessee, when a person is abused, threatened, stalked, harassed, or a victim of domestic violence , they may seek a protective order with the courts which requires their alleged abuser to stay a certain distance away from them. Also known as “restraining orders,” these orders usually remain active for one year, though they may be modified by the courts as they see fit. But what ...

Can I Be Convicted of a Weapons Charge if I Carry a Knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge . As of 2013, it is legal to own any type of knife, including: throwing stars; daggers; dirks; swords; sword canes; and machetes. Concealed Weapon Charge There are generally no prohibited knives under statute laws, but you may still be convicted if ...

Possession of a Handgun While Under the Influence in TN

If you are a firearm enthusiast, you probably value your right to bear arms. After all, firearms allow law-abiding citizens to protect themselves, their families, and their homes from criminals. Research has shown that when citizens are armed, and criminals know it, they will usually avoid the properties that are protected by armed homeowners and business owners. There are strict state and federal ...

Unauthorized Firearms on Military Installations

So you are going onto Fort Campbell. You pull up to the check point with your ID ready. The MP tells you that you have been selected for a random vehicle search. You suddenly remember that you have your handgun in your vehicle. You have a carry permit but the weapon is not registered with the military base which means that you are not authorized to bring it on Ft. Campbell. Is this a problem? ...