FAQs
Navigating family law matters can be complex, emotional, and at times overwhelming. It is completely natural to have questions as you begin this process. At Oldfield Law Tennessee, we believe that informed clients are empowered clients, and we are committed to providing clarity at every stage of your case.
To support you, we have compiled detailed answers to some of the most frequently asked questions regarding divorce, custody, adoption, paternity, and other family law issues in Tennessee. These responses are designed to give you a clearer understanding of what to expect and how our firm approaches the matters that impact families most.
If you do not see your specific question addressed, we welcome you to contact our office. Our attorneys are here to provide guidance tailored to your unique circumstances and to ensure you receive the support and information you need.
What are the grounds for terminating parental rights in Tennessee?
Grounds can include abandonment, severe abuse or neglect, failure to support or maintain contact, and persistent conditions that prevent safe parenting. Termination is a serious legal matter requiring clear and convincing evidence.
Can parental rights be voluntarily surrendered?
Yes. A parent can voluntarily surrender their parental rights, typically as part of an adoption process or if they believe it is in the child’s best interest.
How long does the adoption process take in Tennessee?
It varies based on the type of adoption—stepparent, relative, or agency. On average, it may take several months to a year or more, depending on background checks, home studies, and court approval.
Do both biological parents have to consent to an adoption?
Generally, yes. However, if one parent’s rights have been terminated or they have abandoned the child, their consent may not be required.
When can I request a change in custody or parenting time?
You can request a modification if there has been a material change in circumstances affecting the child’s well-being, such as relocation, changes in living conditions, or parental behavior.
What is the standard the court uses to decide custody modifications?
The court uses the “best interests of the child” standard, considering factors like stability, safety, parental involvement, and the child’s needs.
Can my child choose which parent to live with?
The court may consider the child’s preference if the child is 12 or older, but it is only one factor in the decision.
Dependency & Neglect Cases
What is a dependency and neglect case?
These cases involve allegations that a child is not receiving proper care due to abuse, neglect, abandonment, or other issues. They are typically initiated by the Department of Children’s Services (DCS) or another concerned party.
What happens if DCS gets involved with my family?
DCS may investigate, file a petition in Juvenile Court, and possibly remove the child from the home. You have the right to legal representation and to present your case in court.
Can I regain custody if my child has been removed?
Yes, in many cases. You may need to complete a permanency plan, attend court hearings, and demonstrate that the issues leading to removal have been resolved.
What is a guardian ad litem (GAL)?
A GAL is a court-appointed attorney who represents the child’s best interests in court. They may conduct interviews, home visits, and make recommendations to the judge.
How long does it take to get a divorce in Tennessee?
The minimum waiting period is 60 days for uncontested divorces without children, and 90 days if children are involved. Contested divorces can take significantly longer depending on the complexity and court schedules.
Do I need to prove fault to get a divorce in Tennessee?
No. Tennessee allows for both fault-based and no-fault divorces. The most common no-fault ground is “irreconcilable differences.”
What is considered marital property in Tennessee?
Marital property generally includes assets and debts acquired during the marriage, regardless of who holds the title. Separate property (owned before the marriage or received as a gift/inheritance) is typically not divided.
Can I get alimony (spousal support) in a Tennessee divorce?
Possibly. Alimony is not guaranteed and depends on factors such as the length of the marriage, each spouse’s earning capacity, contributions to the marriage, and financial need.
Paternity Actions
How is paternity established in Tennessee?
Paternity can be established voluntarily through a signed Acknowledgment of Paternity or through a court order following genetic testing.
What rights does a father have once paternity is established?
Once legally established, the father can seek custody or visitation rights and may also be obligated to pay child support.
Can I challenge paternity after it’s been established?
Yes, but there are strict legal time limits and conditions. If you believe paternity was established in error, contact an attorney as soon as possible.