Posts Tagged ‘abuse’

The Rights of Natural Parents

Monday, March 15th, 2010

When discussing family law and child custody, the rights of the parents are often restricted in favor of the “best interests of the child.” Courts do, however, give great deference to the rights of the natural parents. A family court in Australia recently issued a judgment showing just how much that court respect parental rights.

As reported here, the Family Court in Hobart, Tasmania, heard a visitation/custody case wherein the father of the two girls involved has been convicted on three charges involving child pornography. The court did order some concessions, in light of the convictions: the girls must share a bedroom in the home until the younger reaches the age of fourteen, the father must have an adult guest stay overnight if his daughters are staying overnight, and the girls must have a lock on their bedroom door in order to keep their father out.

We are unaware of any similar cases in Tennessee, but the scenario that played out in Australia is certainly possible in this state. I think most people are surprised by this result – certainly, very few family law attorneys would expect a court to order overnight visitation to a father convicted of sexual crimes involving a child. The compromise reached in Tasmania is an interesting solution to the issue and reflects the strength of parental rights, whether right or wrong.

Parental rights in Tennessee are an important consideration in custody and visitation cases. If you are involved in a custody or visitation case, you should consult an attorney to ensure that your rights are represented. For more information on parental rights and other family law issues, click here.

Conduct of the Parties after Marital Dissolution

Tuesday, March 9th, 2010

After a marriage has ended, the two parties often must maintain some form of relationship. Most commonly, that relationship is related to the children of the marriage – until those children are eighteen, the parents must meet the terms of their parenting agreement. There is a high likelihood, as well, that there are common friends who must either be divided between the parties or share time. If the parties are living in the same area, there is even potential that they will be shopping at the same time and in the same location.

The most pertinent example is, of course, that of transferring children between parents and the behavior of the parents in the presence of the children. Most parenting agreements and/or divorce decrees contain language that the parents must act civilly when together with the children present; in fact, under Tennessee law parents are required to refrain from speaking or acting in such a way as to influence children against the other parent.

In other situations or in marriages that do not involve children, the majority of the team the divorced couple is treated as if they had never been married. There is normally no requirement that they avoid contact, nor are they required to communicate unless ordered by the court. In some hotly disputed divorces, the court may issue orders of protection preventing each party from contacting the other. In the absence of a court order, though, there are no specific guidelines that must be followed by a divorced couple that do not apply to social interactions with anyone else.

If you are currently or previously have been involved in a divorce, your ex-spouse does not have a right to harass you or stalk you, nor to slander you. If you feel that your ex-spouse (or anyone else) is behaving inappropriately, you should contact an attorney. For more information about marital dissolution and other family law issues, click here.