If the other parent resides out-of-state, child support can be pursued across state lines under the Uniform Interstate Family Support Act (UIFSA).

You can learn more HERE.

However, there are a few key points to consider:

Jurisdiction – The original child support order remains in effect, and Tennessee typically retains jurisdiction over the case unless both parents agree to transfer it to the new state.

Enforcement Across States – Under the Uniform Interstate Family Support Act (UIFSA), Tennessee’s child support order can be enforced in any other U.S. state. If the non-custodial parent resides in Tennessee, Tennessee will continue to enforce the order.

Modification of Support – If the custodial parent or non-custodial parent seeks to modify child support, they may need to file in the state that has continuing jurisdiction (often Tennessee, unless legally transferred).

Notification Requirements – The custodial parent may be required to notify the non-custodial parent and the court before moving, especially if there is a custody order in place.

Interstate Cooperation – If needed, the Tennessee Department of Human Services can assist with enforcing or modifying child support when a parent moves out of state.

If you’re dealing with a specific case, it might be helpful to consult with a family law attorney or the Tennessee Child Support Office to ensure compliance with legal requirements.

The post What Happens to Child Support If a Parent Moves Out of State in Tennessee? appeared first on Knoxville Family Law Attorney.

Initial Custody Determination

• Mother’s Automatic Custody: If parents are unmarried at the time of a child’s birth, the mother automatically has full custody until a court orders otherwise.
• Father’s Rights: The father must establish paternity before he can seek custody or visitation rights. This can be done voluntarily (signing a Voluntary Acknowledgment of Paternity) or through a court-ordered DNA test.

Establishing Paternity

• Paternity can be established through:
  • The Voluntary Acknowledgment of Paternity (VAP) signed at birth.
  • A court order if the mother disputes paternity.
• Once paternity is established, the father can petition for custody, visitation, or child support.

Custody and Parenting Plans

• Tennessee courts decide custody based on the best interests of the child (Tennessee Code § 36-6-106).
• Factors considered include:
  • Stability of each parent
  • Parent-child relationship
  • Each parent’s ability to care for the child
  • Any history of abuse or neglect
• The court typically favors joint parenting if it benefits the child.

Child Support

• Even if the father does not have custody, he may still be required to pay child support based on Tennessee’s child support guidelines.

Modifying Custody Orders

• A custody order can be modified if there is a material change in circumstances, such as relocation, neglect, or changes in the child’s needs.

You can learn more @ https://www.laet.org/

CUSTODY RIGHTS BETWEEN UNMARRIED PERSONS

Custody of minor children can exist in two specific ways. Legal custody determines who has the right to make important decisions regarding a child (i.e. education, health, religion, etc.). Physical custody determines who has a child the majority of the time.

IMPORTANT: Custody laws are different for children who are born to unmarried persons and children who are born to married persons.

If parents are married, the husband is considered to be the father of the children born during the marriage. BOTH parents have equal rights and access to children if there is no custody order that states otherwise. If parents are not married, it is important that parentage be legally established. The father has no legal rights, even if mother and father are living together.

If a child is born to unmarried persons and there is no COURT ORDER identifying a father, Tennessee law states that the mother automatically has both legal and physical custody of the child. In order for a potential father to have any custody/visitation rights to a child, there MUST be a COURT ORDER. The court order must be signed by a judge. This is known as establishment of parentage. This can be done with a DNA test or an acknowledgement of parentage signed by a potential father. Either way, a judge’s signature on an order is required.

Signing an acknowledgement of paternity at the hospital is not proof of parentage and does not give any rights to the potential father. It is important to note that it is possible for a potential is not listed on the child’s birth certificate.

If there is a custody or visitation dispute between the mother and the potential father, and there is no court order in place, law enforcement may assist the mother in retrieving or keeping the child.

ESTABLISHING PARENTAGE

Parentage can be established by either the mother or the potential father. Either parent can file a petition to establish parentage and that parent does not need the permission of the other to file this petition. The petition needs to be filed in a court in the county where either the child, mother, or father live. Once filed, the court will require either a DNA test or a voluntary acknowledgement of parentage by a potential father. In some cases, if the father refuses to participate, the judge may allow you to testify regarding parentage.

Once this requirement has been met, the court will sign an order declaring a potential father to be the actual father. At that point, a father will be able to ask the court for custody or visitation rights with the child. (If there has been a history of abusive or violent behavior by either parent, that parent may be granted supervised visitation only, or none at all, depending upon the level of danger.) Thereafter, the court will determine who has legal custody and who has physical custody of the child.

The court then will decide which parent will have legal custody and physical custody. The court will also set the visitation schedule for both parents. Decisions regarding legal custody, physical custody, and visitation will be made on a case by case basis at the sole discretion of the judge.

Once parentage has been established, the court can then order the payment of child support. The court can also order that a minor child’s last name be changed to that of the father. (If there is difficulty receiving court-ordered child support, contact the Child Support Enforcement Office in your county.)

Or, if parentage is acknowledged at the hospital when the child is born, both parents complete a legal form called the Voluntary Acknowledgment of Parentage. This places the father’s name on the child’s original birth certificate, but the father does not have legal visitation rights. A COURT ORDER is still needed if there is a dispute.

SOURCE: https://www.laet.org/custody-rights-for-unmarried-parents/

When there is a lot at stake don’t make the mistake of trying to handle it on your own. Schedule a free initial telephone consultation with our skilled Knoxville divorce attorneys at Easter & DeVore, Attorneys at Law, to discuss your situation and your options.

The post Tennessee Custody Laws For Unmarried Parents appeared first on Knoxville Family Law Attorney.

However, Tennessee does recognize valid common law marriages that were legally established in other states that allow them. This means if you were in a common law marriage in a state that recognizes it, Tennessee will honor that marriage.

If you are seeking legal rights similar to marriage in Tennessee, you may need to consider formal marriage or legal agreements like cohabitation contracts.

Tennessee & Common Law Marriage

Tennessee does not allow couples to create a common law marriage within the state. This means that simply living together for a certain period, sharing finances, or introducing yourselves as spouses does not grant you the legal rights of a married couple in Tennessee.

Recognition of Common Law Marriages from Other States

While Tennessee does not establish common law marriages, it will recognize a valid common law marriage if it was legally formed in a state that allows it. This is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor legal agreements from other states.

For example:

• If you and your partner legally established a common law marriage in Texas, Colorado, or another state that recognizes common law marriage, and then moved to Tennessee, your marriage would still be considered valid.
• However, if you and your partner lived together in Tennessee and never legally married, you would not be considered married under state law.

Why Does This Matter?

Without legal marriage, unmarried partners in Tennessee do not automatically get:

Inheritance rights
Spousal benefits (e.g., Social Security, pensions)
Healthcare decision-making rights
Divorce protections (e.g., alimony or property division)

If you want legal protections similar to marriage but do not want to marry, you may need to draft legal agreements, such as:

• Cohabitation agreements (to define financial responsibilities and asset division)
• Wills & estate planning documents (to ensure inheritance rights)
• Power of attorney (to make medical or financial decisions for each other)

If you are unsure whether or not you are in a common law marriage, or if you are looking to get a divorce from a common law marriage, then it pays to speak to an experienced divorce attorney in Tennessee.  A knowledgeable lawyer will be able to help you figure out everything you need to know about your situation so you can make an informed decision about next steps and what information you may need to gather.

When there is a lot at stake don’t make the mistake of trying to handle it on your own. Schedule a free initial telephone consultation with our skilled Knoxville divorce lawyers at Easter & DeVore, Attorneys at Law, to discuss your situation and your options.

The post Is Tennessee A Common Law Marriage State? appeared first on Knoxville Family Law Attorney.

In Tennessee, unmarried fathers have legal rights to their children, but they must take specific steps to establish and enforce those rights.

Below is a breakdown of key aspects of unmarried fathers’ rights in Tennessee:

Establishing Paternity

• Voluntary Acknowledgment: If both parents agree, they can sign a Voluntary Acknowledgment of Paternity (VAP) at the hospital or later through the Tennessee Department of Health.
• Court-Ordered Paternity Test: If paternity is disputed, a father can petition the court for a DNA test to establish legal paternity.
• Birth Certificate: Even if a father’s name is on the birth certificate, he does not automatically have custody or visitation rights.

Custody & Visitation Rights

• Presumption of Sole Custody to the Mother: In Tennessee, the mother has sole custody of a child born out of wedlock until the father establishes his rights through court action.
• Petition for Custody or Visitation: An unmarried father must file a petition in family court to seek custody or visitation. Courts determine custody based on the child’s best interests.
• Joint Custody Possibility: If the court finds that shared custody is in the child’s best interests, the father may receive joint custody or a structured parenting plan.

Child Support Obligations

• Financial Responsibility: Once paternity is established, a father is legally required to provide financial support for the child.
• Support Calculations: Child support is calculated based on both parents’ incomes and Tennessee’s child support guidelines.
• Right to Modify Support: If financial circumstances change, fathers can petition to modify child support payments.

Fathers’ Rights to Decision-Making

• Legal Custody Rights: If granted custody or joint custody, fathers can participate in major decisions about the child’s education, medical care, and upbringing.
• Parental Alienation Concerns: If a mother interferes with visitation or decision-making, the father can petition the court to enforce his rights.

Grandparents’ Rights & Extended Family Involvement

• Grandparents’ Visitation: If an unmarried father has limited custody, the child’s grandparents may seek visitation rights under Tennessee law.

Relocation Issues

• Moving Out of State: If a father has court-ordered parenting time, the mother must follow Tennessee’s parental relocation laws before moving the child out of state.

Can an Unmarried Father Get Full Custody?

Yes, if the court determines that the mother is unfit or that full custody with the father is in the child’s best interests. Factors such as the mother’s inability to care for the child, substance abuse, or neglect can impact the custody decision.

How to Protect Your Rights as an Unmarried Father

• Establish paternity as soon as possible
• File for custody or visitation rights through the court
• Keep records of all interactions with the child and mother
• Pay child support as required by law
• Hire a family law attorney if legal action is needed

You can learn more @ https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=98601

The post Unmarried Fathers’ Rights In Tennessee appeared first on Knoxville Family Law Attorney.

Understand Your Needs

Type of Divorce

If your divorce is contested (involving disagreements over assets, custody, or support), you may need a lawyer experienced in litigation. For amicable separations, a mediator or collaborative lawyer might suffice.

Research Potential Lawyers

Referrals

Ask for recommendations from friends, family, or other trusted sources who have been through a divorce.

Online Reviews

Use websites like Avvo, Martindale-Hubbell, or your state bar association to read reviews and check credentials.

Concentration

Look for lawyers who concentrate in family law or have significant experience handling divorce cases.

Check Credentials and Experience

Licensing

Verify they are licensed and in good standing with your state’s bar association.

Track Record

Assess their success rate and experience with cases similar to yours (e.g., high-asset divorces, child custody disputes).

Certifications

Some lawyers may have advanced certifications in family law.

Schedule Consultations

Many lawyers offer initial consultations (often free or low-cost). Use this meeting to evaluate:

Communication: Are they clear, attentive, and empathetic?

Strategy: Do they outline a reasonable approach tailored to your case?

Comfort Level: Do you feel comfortable discussing personal matters with them?

Ask the Right Questions

• How long have you been practicing family law?
• What percentage of your practice is devoted to divorce cases?
• What is your approach to resolving disputes?
• What are your rates, billing practices, and estimated costs for my case?

Evaluate Compatibility

• A good lawyer should be not only skilled but also a good fit for your personality and communication style.

Check References

Ask for references from past clients or look for testimonials.

Understand the Agreement

Carefully review the retainer agreement, which outlines fees, billing policies, and what services are included. Ask for clarification on anything unclear before signing.

By thoroughly researching and evaluating your options, you can choose a divorce lawyer who will advocate effectively for your interests during this challenging time.

The post How To Choose A Divorce Lawyer appeared first on Knoxville Family Law Attorney.

The post How are Extracurricular Activities for minor children dealt with in a divorce or custody proceeding? appeared first on Knoxville Family Law Attorney.

The post What Are Some Common Parenting Plan Schedules In Tennessee appeared first on Knoxville Family Law Attorney.

There is a lot at stake with a divorce, don’t make the mistake of trying to handle it on your own. Schedule a free initial telephone consultation a divorce attorney at Easter & DeVore, Attorneys at Law, to discuss your situation and your options.

The post What is a default in a Tennessee Divorce? appeared first on Knoxville Family Law Attorney.

Details provided by the Department of Justice US Attorney’s Office in Tennessee explained that a man who was 38 years old failed to report most of his income that he derived from a tax service company on his income tax return. A federal judge ended up sentencing him to 8 months in federal prison. After his prison sentence, he was also required to serve 7 months in home detention and one year of supervised release(probation) after his 15 months in prison and home detention. He was also required to pay $124,000 to the IRS in restitution.

Failing To Report

The IRS charges a business or a person with tax fraud if they intentionally and willfully report false tax return information to attempt in avoiding or limiting the amount of income taxes that they are required to pay. If the individual failed to file their tax return, pay their debt, report all their income, or claimed false tax deductions, credits, or a tax return, the IRS may cite this as proof for tax fraud. However, it doesn’t mean that the individual is purposely committing fraud just because the IRS accuses them of any of the above reasons. For example, a person who does their taxes may mistakenly think they qualified for specific tax deductions or credits and added them to their yearly tax return and just made an honest mistake. This doesn’t make a person guilty of tax fraud. But these mistakes can result in tax audits that could result in the taxpayer owing the IRS money and possibly be required to pay interest and penalties.

Contact A Tax Attorney For Help

If the IRS has accused you of any type of fraud or filing a false income tax return, contact an experienced and knowledgeable attorney to learn what your legal options are to defend the federal charges against you.

The post When Does A Person Face Federal Charges For Tax Fraud appeared first on Knoxville Family Law Attorney.

When qualifying for benefits through Social Security Disability Insurance (SSDI) you must show proof that you will be unable to work for a minimum of 12 consecutive months. Official documentation from your physician or other medical professional is required as proof of the condition and / or the inability to work.

The approval process can be a large undertaking. Gathering the correct documents and evidence takes time. Once you have gathered and submitted the required paperwork, the claim may take a long time to process, and you may be initially denied. This can delay your benefits! Initially, many applications are denied and require the help of a social security disability attorney to get reviewed, re-submitted and approved.

The reason most applications are denied is due to missing information or applications that contain inaccurate information.

Common Reasons Social Security Applications Are Denied

Age – The younger you are – the more likely it is that you will be denied. Additional information and evidence is often required to get approval for younger applicants.

Insufficient medical information – All information submitted must prove that there is a disability – the more information the better.

Missing medical records – Reviewers do not always follow up to request records, by providing relevant records decreases the decline rate.

Most initial claims are denied – The social security administration does not just quickly review each claim and give it a stamp of approval. They work under the assumption that most claims are ineligible and actively look for reasons to deny an application. Even the smallest error or omission could cause your application to be denied.

Previously denied – Filing a new claim rather than appealing a denied claim will increase the chances of another denial.

If your application for benefits is denied, you have 60 days to file an appeal to the Appeals Council with a written statement including any new evidence that you wish to be considered. Before filing an appeal, you should consult with a social security disability attorney in Knoxville to help you determine why your application was denied and to ensure you have everything you need for a successful appeal.

If you or someone you love has been denied social security disability, contact the Knoxville Social Security lawyers at McKellar, Easter & DeVore for a free case review and to discuss your options.

The post What You Should Know When Applying for Social Security Disability appeared first on Knoxville Family Law Attorney.