The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Court of Appeals Clarifies Procedure for Petitions to Modify Custody

In Tennessee, an order is generally “final” thirty days after it has been entered.  Where child custody matters are concerned, however, the trial courts retain “exclusive and continuing jurisdiction.”  This has often resulted in confusion with respect to the proper procedure when one parent wants to ask the court to modify custody, because there is a statutory requirement...

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Timing, Sophistication of Parties Key Factors in Prenup Enforceability

The Tennessee Court of Appeals recently reinforced longstanding principles in determining the enforceability of prenuptial agreements. Among the factors a court examines carefully in determining whether a prenup will be upheld are the timing of the presentation of the document and the relative experiences of the parties in terms of age and educational background.  Failure to account for these...

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