Laconia Child Custody Lawyer, Tennessee
Includes: Guardianships & Conservatorships, Custody & Visitation
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1-4 of 4 matches. Page 1 of 1
Stephen D Hawks
Elder Law, Foreclosure, Guardianships & Conservatorships, Landlord-Tenant
Status: In Good Standing
5050 Poplar Ave, Memphis, TN 38157
Profile LAWPOINTS™40/100
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8066 Walnut Run Rd, Cordova, TN 38018
Profile LAWPOINTS™34/100
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5050 Poplar Ave, Memphis, TN 38157
Profile LAWPOINTS™34/100
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Jana Davis Lamanna
Wills & Probate, Divorce & Family Law, Divorce, Child Custody
Status: In Good Standing Licensed: 20 Years
530 Oak Court Drive, Memphis, TN 38117
Profile LAWPOINTS™63/100
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LEGAL TERMS
ORDER TO SHOW CAUSE
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
MISUNDERSTANDING
A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the... (more...)
A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the other did not, they have a misunderstanding that will be judged serious enough for a court to terminate the marriage.
SPLIT CUSTODY
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. ... (more...)
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.
FITNESS
The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives i... (more...)
The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives in evaluating their fitness to adopt a child, including financial stability, marital stability, career obligations, other children, physical and mental health and criminal history.
SEPARATION
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.
NEXT FRIEND
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'
CUSTODIAL INTERFERENCE
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.
DEPENDENTS BENEFITS
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.
SAMPLE LEGAL CASES
Tuetken v. Tuetken
... protected. See Tenn.Code Ann. § 36-6-106(a); Kendrick v. Shoemake, 90 SW3d 566,
570 (Tenn.2002) (holding that child custody awards are always subject to modification
to ensure that the best interests of the child are protected). ...
Pippin v. Pippin
... However, our Supreme Court has held that a trial court may modify an award of child custody
"when both a material change of circumstances has occurred and a change of custody is in the
child's best interests." See Kendrick v. Shoemake, 90 SW3d 566, 568 (Tenn.2002). ...
In Matter of MLP
... Specifically, Father argued that Tennessee Code Annotated section 37-2-403 (2005 &
Supp.2008), which requires the Tennessee Department of Children's Services to notify parents
of this ground for termination when a child is in the custody of a state agency such as DCS, is ...
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