Victims of domestic violence and certain felonies may obtain a Lifetime Order of Protection in Tennessee. The new law enacted as Tenn. Code Ann. ยง36-3-627 on July 1, 2021, allows certain felony victims meeting certain criteria to apply for a Lifetime Order of Protection. Victim Defined To apply for a Lifetime Order of Protection a [..]
Tennessee allows criminal charges and convictions to be expunged from public records under certain conditions. A person may wish to expunge criminal charges and convictions to avoid having them appear on background checks or for other reasons. Certain eligibility requirements must be met by persons seeking expungement. There are also limitations placed upon the nature [..]
Custody disputes have increased over transgender children as transgender issues receive more attention. There have been cases across the United States where parents have waged custody battles over disagreements ranging from refusal to consent to cross-sex hormones to gender identity transition. Transgender Custody Battles Transgender custody battles between parents with different religious beliefs, medical and [..]
The Child Support Guidelines have been updated for 2020. The Guidelines govern the calculation and modification of child support obligations. This first update in several years contains changes parents need to know when calculating child support. Determination of Income Child Support is based primarily upon the gross income of the parents. This is typically determined [..]
Easing of Restrictions for In-Person Proceedings Tennessee Courts are developing plans for reopening after COVID restrictions limited in-person hearings. The 16th District covering Rutherford and Cannon Counties has issued a Standing Order providing guidance for reopening. The Standing Order should be reviewed for complete information regarding court proceedings. A list of key requirements you should [..]
Rutherford County, Tennessee and the 16th Judicial District have a Standing Order addressing Parenting Time during a Pandemic or Epidemic. The order resolves confusion over caring for children during extended school closures and “lockdown” or “shelter-in-place” orders. Residential Schedule During School Closure Parents are to follow their parenting schedule as though the children are in [..]
The Tennessee Supreme Court issued an order suspending in-person hearing in state and local courts through March 31, 2020 because of concerns over coronavirus. The Law Office of David L. Scott will remain open and will continue to conduct business as usual. What Hearings are Actually Suspended The Supreme Court order suspends in-person hearings in [..]
Tennessee received a grade of “C” from the National Parents Organization in their 2019 Shared Parenting Report Card. The report grades states on their efforts to promoted shared parenting. Kentucky received the highest grade of “A” while Rhode Island and New York received an “F.” Shared Parenting Benefits The report cites research that 35% of [..]
Current Tennessee Handgun Permits Tennessee handgun carry permit holders are currently allowed to carry a firearm openly or concealed. Applicants must complete an approved handgun safety course within one (1) year of the date of application including classroom and firing range hours. Applicants must also pass a background check and pay a $100.00 fee. There [..]
Children have traditionally been required to attend school in the school zone wherein the Primary Residential Parent (PRP) resides. Designation of a Primary Residential Parent was required even in Parenting Plans where parents had equal time with the children. School districts did not have to honor language in a Parenting Plan where parents agreed to [..]
