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Knoxville, Tennessee Family Law Blog

How will a prenuptial agreement protect me?

Prenuptial agreements are the wise choice for modern spouses who understand that sometimes "until death do us part" actually means "until the death of our love do we part." In this sense, premarital agreements allow couples to set the parameters for their breakups, so that they can divorce as peacefully, quickly and cost-effectively as possible -- if a divorce is necessary.

In this sense, they're kind of like an emergency action plan that goes into effect in the unfortunate event that your marriage breaks down.

Looking at nesting as an alternative custody arrangement

When Tennessee parents are going through the divorce process, the children often get caught up in the changes that are being made to the family structure. Many children who have divorcing parents face a future that they have no control over, which can make it difficult to deal with, especially because they may no longer see as much of each parent as they are accustomed to.

To help the kids adjust to a new family structure, some parents have turned toward a co-parenting arrangement called nesting. For this arrangement, the kids stay in the family home while each parent spends a certain amount of time with them. When a spouse does not have custody, he or she leaves the family home and goes elsewhere while the other parent comes back and takes charge of the kids.

Tips for parenting after a divorce

Most parents in Tennessee who are going through a divorce will have to deal with co-parenting. While this can be challenging, there are a number of things parents can keep in mind that may help them work through their conflicts and make the process less difficult for the children.

One of the most important tenets is to put the children first. This involves fairly solving issues that might arise due to the children living in two different places. Parents should work through their emotions, including anger, in a healthy way. It is more important to maintain an overall atmosphere of harmony for the sake of the children rather than to be vindictive for past wrongs.

Tyrese Gibson awarded joint custody of his daughter

Tennessee residents who enjoy following celebrity news may be interested to learn that Tyrese Gibson was granted joint custody of his daughter on Nov. 17. The Fast and the Furious series actor had been fighting to see his daughter since his ex-wife claimed that he had physically abused the child.

In September, Gibson's ex-wife obtained a temporary domestic violence restraining order against Gibson after she claimed that he had physically abused the daughter. As a result, she was granted physical and legal custody of the girl. Gibson denied the allegations. Just a week prior, Gibson posted that he had suffered a complete meltdown after experiencing some adverse reactions from psychiatric medication.

Type of abuse experienced during marriage may impact custody

It is an unfortunate fact that some couples in Tennessee experience violence during their marriages. When couples divorce, they may still have to work with each other if they share children.

Researchers at the University of Illinois wanted to learn whether or not the type of abuse that was experienced during a marriage would have an impact on the ability of the couples to establish supportive co-parenting relationships after their divorces. The researchers were particularly interested in the year that immediately followed the divorces since the first year after a person leaves an abusive relationship is the most dangerous time.

Divorce and a family business buyout

Going through a divorce is every bit as challenging as it sounds. As you do this, you'll need to turn your attention to a variety of details.

If you own a family business with your spouse, you need to have a clear idea of what will happen to it in the future. It goes without saying that things are going to change in some way, shape or form.

Unmarried parents and child custody

If a child is born to an unmarried couple in Tennessee, the father is not assumed to be a legal parent. Therefore, the father generally needs to sign an affidavit claiming responsibility for the child. Doing so gives both the mother and father the same legal rights and responsibilities to the child. The parents then have the freedom to give the child whatever name that they deem to be appropriate.

This means that the child could have its mother's last name, the father's last name or both. Having the parent's name on the child's birth certificate is important because it may allow the child to qualify for government benefits. It is important to note that only one parent can take the tax exemption based on having a minor dependent each year. However, either parent can take it as long as he or she supports the child.

Fathers, custody and coparenting

Parents in Tennessee who are getting a divorce may need to make decisions about child custody. There is a stereotype that divorced fathers are not involved in their children's lives, but it is not accurate. Many fathers who are divorced want to spend time with their children, and during the divorce process, they can take steps to ensure that this is the case. There are a number of options fathers can pursue, including sole custody, shared custody and visitation. The final plan needs to work with parents' schedules while being what's best for the children.

The parents also will need to work out a parenting plan. It is important that they create an effective plan to avoid having to return to court to get it modified. There are a number of things parents should consider when creating this plan, including how they will communicate about matters pertaining to the children. The parenting plan may address who will be responsible for school visits, doctor appointments and extracurricular activities.

Uninsured medical expenses can be a child support concern

Divorcing parents in Tennessee have a number of matters to consider when planning for a child support and custody agreement or seeking an order from the court. One matter that can quickly become costly is the uninsured medical expenses of a child. In most cases, these costs are considered in addition to regular child support obligations. They include medically necessary health care expenses that aren't covered by a health insurance plan, including co-pays, deductibles, some dental and vision bills and prescription medication expenses.

These treatments must be medically necessary in order to be considered extraordinary medical expenses in a child support agreement or order. Most child support orders include provisions for a child's health insurance coverage, but extra costs like deductibles and co-pays as well as uninsured expenses are common.

Contentious divorce between Audrina Patridge, Corey Bohan

Tennessee fans of the TV personality Audrina Patridge may have heard about her split from the BMX biker Corey Bohan. Patridge was awarded custody of the couple's 15-month-old daughter and of their dog. Bohan agreed to leave their home, but Patridge was ordered to pay him $35,000 for recent work on the home.

The two began dating in 2008 and married in 2016. The marriage only lasted 10 months, and the split has been a troubled one. On Sept. 18, Patridge filed a child abduction prevention order and a temporary restraining order against Bohan, and on Sept. 20, she filed for divorce. Sources say she filed the orders because she was afraid of how Bohan would respond to her divorce filing. There is an open domestic abuse case involving the couple that is scheduled to be heard in 2018. Bohan has denied Patridge's allegations.

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