QUESTION:
P.W. asks "I was divorced over a year ago. In the divorce papers, my ex-husband agreed to pay off a credit card bill that was in both of our names. The divorce papers said he would hold me harmless for this debt. But now I am getting collection calls. Am I still liable for this debt?"
ANSWER:
Unfortunately the answer to your question is yes. You are still contractually liable for this credit card debt because the final divorce decree was binding on only you and your ex-husband and not on the credit card company. As such the credit card company can still go after both you and your ex-husband for the unpaid debt. Your best recourse is to enforce the terms of your final divorce decree by going after your ex-husband for this unpaid debt. If he continues to fail to pay the debt you may be able to have him held in civil and/or criminal contempt. You should contact an attorney about what actions can be taken in order to force your ex-husband to pay this old marital debt.
Friday, September 18, 2009
Thursday, September 17, 2009
Statute of Limitations in Personal Injury Cases
Question:
D.L. writes "I was hit in the back by a pick-up truck earlier this year, and I had to go to the E.R. and get some treatment for my back pain. The pick-up truck driver's insurance paid to fix my car, but they continue to give me the run around about paying for my medical bills. I don't want to file a lawsuit, but if they keep giving me the run around, I may have no choice. I don't have any health insurance and I can't afford to pay for these medical bills myself. How long do I have to file a lawsuit?"
Answer:
D.L., you have one year from the date of your accident to file a lawsuit in personal injury cases involving allegations of negligence. If you fail to file your lawsuit within one year, then your personal injury claim will be time barred. Additionally, if this accident was the result of this pick-up truck driver's negligence, then you not only have the right to recover your medical bills, but you can also recover any lost wages that you suffered as a result of this accident as well as compensation for the pain and suffering that you have experienced. You really need to talk to an attorney ASAP in order to protect your legal rights.
D.L. writes "I was hit in the back by a pick-up truck earlier this year, and I had to go to the E.R. and get some treatment for my back pain. The pick-up truck driver's insurance paid to fix my car, but they continue to give me the run around about paying for my medical bills. I don't want to file a lawsuit, but if they keep giving me the run around, I may have no choice. I don't have any health insurance and I can't afford to pay for these medical bills myself. How long do I have to file a lawsuit?"
Answer:
D.L., you have one year from the date of your accident to file a lawsuit in personal injury cases involving allegations of negligence. If you fail to file your lawsuit within one year, then your personal injury claim will be time barred. Additionally, if this accident was the result of this pick-up truck driver's negligence, then you not only have the right to recover your medical bills, but you can also recover any lost wages that you suffered as a result of this accident as well as compensation for the pain and suffering that you have experienced. You really need to talk to an attorney ASAP in order to protect your legal rights.
Wednesday, September 16, 2009
Expungement of Old Arrest Records
Question:
R.G. asks: "I was arrested several years ago in Davidson County, and I entered into a deal with the D.A. that allowed my charges to be dismissed so long as avoided picking up any new charges within the following year. I never picked up any new charges, and the charges against me were dismissed. However, when my employer performed a background check on me recently, this old charge showed up, and even though it had been dismissed I still had a lot of explaining to do to my employer. Can I get this charge removed from my record?"
Answer:
Yes, so long as your charges were in fact dismissed and there was never a conviction entered in your case, you are entitled to have these charges expunged from your records. See Tenn. Code Ann. § 40-32-101. However, there may be a filing fee depending on how the charges were dismissed. From your question it is not clear whether you entered into an informal agreement with the D.A. to set your case off for a year prior to simply dismissing your charges so long as you stayed out of trouble or you entered into a formal pretrial or judicial diversion. If you entered into a formal pretrial or judicial diversion, then there will be a $ 50.00 filing fee in addition to any attorney's fee that you will have to pay when hiring an attorney to assist you.
R.G. asks: "I was arrested several years ago in Davidson County, and I entered into a deal with the D.A. that allowed my charges to be dismissed so long as avoided picking up any new charges within the following year. I never picked up any new charges, and the charges against me were dismissed. However, when my employer performed a background check on me recently, this old charge showed up, and even though it had been dismissed I still had a lot of explaining to do to my employer. Can I get this charge removed from my record?"
Answer:
Yes, so long as your charges were in fact dismissed and there was never a conviction entered in your case, you are entitled to have these charges expunged from your records. See Tenn. Code Ann. § 40-32-101. However, there may be a filing fee depending on how the charges were dismissed. From your question it is not clear whether you entered into an informal agreement with the D.A. to set your case off for a year prior to simply dismissing your charges so long as you stayed out of trouble or you entered into a formal pretrial or judicial diversion. If you entered into a formal pretrial or judicial diversion, then there will be a $ 50.00 filing fee in addition to any attorney's fee that you will have to pay when hiring an attorney to assist you.
Surrendering Parental Rights/Adoption
QUESTION:
C.S. writes: "I have a question regarding adoption/custody between here and Maryland. If a mother and father are in the process of divorcing and the mother is willing to give a child up for adoption, what would her options be? The father is in Maryland and mother is in Tennessee. The couple who want to adopt this child also live in Tennessee. The mother has 3 other small children and know that a couple could provide a safer, better environment for the child. She wants to give up the for adoption, but the father refuses."
ANSWER:
Well first off, it would be important to know what kind of relationship that this father has with his child. In this case, if the father has either joint custody or regular visitation with his child and there is no reason to believe that he is an unfit parent, then there probably isn't much that the mother can do to facilitate an adoption. Parents have an absolute right under both the Tennessee and federal constitutions to provide for the care and custody of their children, and this right can only be impeded if it is shown by clear and convincing evidence that parent is placing his or her child in some sort of danger through abuse or neglect.
However, if the father has not been a part of this child's life, (i.e. does not have custody or regular visitation), the mother is willing to surrender her rights, and there are statutory grounds supporting termination of the father's parental rights, then an adoption by prospective adoptive parents may be possible. In Tennessee in order for a child to be adopted, prospective adoptive parents must file a petition for adoption and both of the child's natural parents rights must be terminated. This termination can be accomplished through either a voluntary surrender or an involuntary termination of parental rights. A surrender is a voluntary relinquishment of rights by a parent. See Tenn. Code Ann. § 36-1-112. An involuntary termination of parental rights occurs after a court proceeding at which the petitioner seeking to terminate parental rights is required to prove the existence of statutory grounds for termination and that termination is in the best interests of the child. See Tenn. Code Ann. § 36-1-113. Terminating a parent's parental rights is difficult because the law presumes that natural parents are fit to provide for the care and custody of their children, and those alleging otherwise must prove both that there are statutory grounds supporting the termination and that the termination is in the best interests of the child by clear and convincing evidence. There are several statutory grounds for termination, and it would take several pages to thoroughly explain all of the various grounds for termination. Some of the most commonly used grounds are abandonment (i.e. a parent's wilfull failure to visit or provide support for his or her child), persistent conditions which make it unsafe for a child to return home at the present date or at any time in the near future, incarceration for a period of ten (10) or more years where the child is under eight years of age, and severe child abuse. I would need more facts about the father's situation before even trying to venture into determining whether or not there may be grounds to terminate his parental rights. Even assuming that the father's parental rights can be terminated, and that the mother doesn't back out at the last minute, the prospective adoptive parents home would have to be approved by the trial court before the adoption could go through.
I hope that this answer was helpful.
C.S. writes: "I have a question regarding adoption/custody between here and Maryland. If a mother and father are in the process of divorcing and the mother is willing to give a child up for adoption, what would her options be? The father is in Maryland and mother is in Tennessee. The couple who want to adopt this child also live in Tennessee. The mother has 3 other small children and know that a couple could provide a safer, better environment for the child. She wants to give up the for adoption, but the father refuses."
ANSWER:
Well first off, it would be important to know what kind of relationship that this father has with his child. In this case, if the father has either joint custody or regular visitation with his child and there is no reason to believe that he is an unfit parent, then there probably isn't much that the mother can do to facilitate an adoption. Parents have an absolute right under both the Tennessee and federal constitutions to provide for the care and custody of their children, and this right can only be impeded if it is shown by clear and convincing evidence that parent is placing his or her child in some sort of danger through abuse or neglect.
However, if the father has not been a part of this child's life, (i.e. does not have custody or regular visitation), the mother is willing to surrender her rights, and there are statutory grounds supporting termination of the father's parental rights, then an adoption by prospective adoptive parents may be possible. In Tennessee in order for a child to be adopted, prospective adoptive parents must file a petition for adoption and both of the child's natural parents rights must be terminated. This termination can be accomplished through either a voluntary surrender or an involuntary termination of parental rights. A surrender is a voluntary relinquishment of rights by a parent. See Tenn. Code Ann. § 36-1-112. An involuntary termination of parental rights occurs after a court proceeding at which the petitioner seeking to terminate parental rights is required to prove the existence of statutory grounds for termination and that termination is in the best interests of the child. See Tenn. Code Ann. § 36-1-113. Terminating a parent's parental rights is difficult because the law presumes that natural parents are fit to provide for the care and custody of their children, and those alleging otherwise must prove both that there are statutory grounds supporting the termination and that the termination is in the best interests of the child by clear and convincing evidence. There are several statutory grounds for termination, and it would take several pages to thoroughly explain all of the various grounds for termination. Some of the most commonly used grounds are abandonment (i.e. a parent's wilfull failure to visit or provide support for his or her child), persistent conditions which make it unsafe for a child to return home at the present date or at any time in the near future, incarceration for a period of ten (10) or more years where the child is under eight years of age, and severe child abuse. I would need more facts about the father's situation before even trying to venture into determining whether or not there may be grounds to terminate his parental rights. Even assuming that the father's parental rights can be terminated, and that the mother doesn't back out at the last minute, the prospective adoptive parents home would have to be approved by the trial court before the adoption could go through.
I hope that this answer was helpful.
Tuesday, September 15, 2009
Preferences of children in child custody cases
Question:
R.R. asks "Will the Court consider the preferences of my child when making a child custody decision?"
Answer:
The answer to your question depends on the age of your child. In Tennessee, when making an initial child custody determination between two parents, courts must consider the preferences of a child who is twelve years old or older. See Tenn. Code Ann. § 36-6-106(7)(A). Courts may hear the preference of a child under twelve years of age, but they are not required to do so. See Tenn. Code Ann. § 36-6-106(7)(B). In any event, the preference of a child is just one of many factors that courts considers when making a child custody decision. The statory list of factors that courts consider when making child custody determinations can be found at Tenn. Code Ann. § 36-6-106.
R.R. asks "Will the Court consider the preferences of my child when making a child custody decision?"
Answer:
The answer to your question depends on the age of your child. In Tennessee, when making an initial child custody determination between two parents, courts must consider the preferences of a child who is twelve years old or older. See Tenn. Code Ann. § 36-6-106(7)(A). Courts may hear the preference of a child under twelve years of age, but they are not required to do so. See Tenn. Code Ann. § 36-6-106(7)(B). In any event, the preference of a child is just one of many factors that courts considers when making a child custody decision. The statory list of factors that courts consider when making child custody determinations can be found at Tenn. Code Ann. § 36-6-106.
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