- DivorceVisitation is the legal term for the right of a non-custodial parent to visit with their children. Typically, the non-custodial spouse has legal visitation rights to child visitation or parenting time unless the family court finds that visitation is not in the best interest of the child. Tennessee statutes offer courts discretion in their approach to visitation and child visitation rights; although, it generally consists of alternating weekends and some holidays. The amount of time and visitation schedule is stated in the final divorce agreement and may be modified by further court order.
- Child SupportChild support payment is a court-ordered amount that the non-custodial parent must pay to the custodial parent to cover a proportionate amount of the child’s expenses, including housing and utilities, food, clothing, education expenses, and other costs. Both parents have an obligation to support their children, both before and after a divorce. Tennessee statutes set out guidelines as to how courts calculate child support payment, and child support orders may be modified only by another court order. Roland Mumford, as a child support lawyer, will be able to answer any child support payment questions including the strict adherence to child support guidelines.
- Child Custody and VisitationChild custody refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues, and discipline, as well as where the child will live, or physical custody. With “sole custody”, you alone have legal and physical custody of your child. In a “joint custody” arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the “best interests of your child.”
- PaternityPaternity is the legal acknowledgment of a parental relationship between a father and his child. A child born to a wife during a marriage is legally presumed to be the husband’s child, but this presumption can be rebutted with evidence to the contrary. A determination of paternity for putative fathers can be established through a voluntary acknowledgment of paternity, a court petition, or estoppel over time. Scientific evidence, such as blood and DNA tests, is used to establish or deny parentage of a child in paternity suits. Once paternity is established, a child is entitled to the legal rights of a child born within a marriage, including support from both parents, medical and life insurance coverage, and inheritance protection.
- GuardianshipGuardianship or conservatorship is a legal relationship between a competent adult or “guardian” and a person who is no longer able to make his own responsible decisions or “ward.” such as the legal guardianship of a minor child. The legal guardianship is appointed by a court and can be authorized to make legal, financial, and health care decisions for the ward. The guardian must regularly report to the court and may be removed if he or she does not adequately take care of the ward and adhere to the guardianship law, and conservatorship law regulations.
- Spousal SupportIn a marriage of longer duration, extended spousal support (and in some cases even lifetime alimony) may be appropriate. A court calculating alimony in these cases will usually take into consideration...
- Child AbuseDomestic violence law and the term “domestic violence” usually refers to crimes involving domestic abuse, such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn’t just physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse, partner, or date uses to control someone else’s behavior. The abuse can be directed against anyone: children, former partners, roommates, and parents, but it is most typically directed against women. Domestic violence is a crime in all 50 states. However, in addition to cooperating with the prosecution of criminal charges, the victim of domestic violence can file civil charges.
- Criminal DefenseCriminal Law is the name given to the branch of law that governs an individual’s relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term “criminal law” also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt.
- DUI/DWI
- Wrongful Death
- Sex CrimesSexual assault. Our firm has successfully represented two young women who were sexually assaulted by a doctor who under the guise of a medical examination, unlawfully touched and groped the patients. The young women suffered emotional distress for which a substantial settlement was reached.
- Assault
- MurderWrongful death lawsuits are actions, generally based on a state statute, that allow the close relatives of a person who was injured and died as a result of a wrongful act to recover for lost financial and emotional support. The wrongful act may be negligent, such as careless driving; reckless; or deliberate, such as an intentional murder. And the prosecution of the alleged wrongdoer under a criminal statute wrongful death law does not preclude a private, wrongful death suit.
- Workers CompensationThe vast majority of workers compensation claims are going to be characterized as a traumatic physical personal injury arising out of an accident.
- Employment DiscriminationTitle VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
- Sexual HarassmentThe news on the issue of sexual harassment is prevalent today and government bodies are enacting new laws affording additional protections and companies are reevaluating their policies, procedures, and best practices. The common understanding is that if a supervisor is the perpetrator of sexual harassment, then actual notice of the offending acts is imputed on the employer. However, what qualifies a person as a true manager or supervisor under Title VII of the Civil Rights Act of 1964? This … [Read more...]
- Property Damage
- Personal InjuryPersonal Injury is the name given to the branch of tort law that covers any wrong or damage done to another in his person, property, rights, or reputation. You are entitled to compensatory damages including your medical bills, property damage, and loss wages. Further, you may be entitled to special damages for pain and suffering, emotional distress, and punitive damages. A personal injury can happen at work, in a traffic accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. Examples of personal injury law causes of action include...
- Medical MalpracticeChoosing the right attorney for your medical malpractice claim is imperative. Our firm has access to nurse consultants that review chars and records for proper preliminary investigation of the claim. Roland Mumford has access to the top experts nationwide to review the claim and evaluate for deviations in the standard of care by any particular healthcare professional. The firm has an extensive library of medical treatise and access to electronic medical research. Roland Mumford is often at the Vanderbilt University Medical School Library researching for his cases or online at Pub Med reading medical journals.
- Auto Accidents
- Dog BitesDogs bite statistics estimate about 4.7 million people in the U.S. every year are bitten by dogs. About 800,000 require medical attention. About a dozen of those injuries are fatal. The potential for liability exceeds $1 billion every year. As a dog owner, you should know your state law as well as city or county ordinances. Common-law states require the dog bite lawsuit victim to prove that the dog owner knew the dog was dangerous but did not take precautions. The dog owner is not held liable if the victim was trespassing or provoking the dog.
- Disability DiscriminationA new opinion out today supporting employee’s rights to telecommuting as a reasonable accommodation. Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Mrs. Mosby-Meacham was awarded judgment by a jury for disability discrimination including compensatory damages. Defense attempted to argue that her position as in-house counsel required … [Read more...]
- Slip and Fall InjurySlip and fall injury accidents are a type of “fall down” accident that occurs when the interface of the victim’s shoe and the floor fails. In a slip and fall injury lawsuit, both the property owner and the slip and fall victim can be held to varying degrees of responsibility or “comparative fault” based on the owner’s duty to keep the property safe and the victim’s duty to exercise ordinary care while walking on potentially slippery surfaces.
- Bankruptcy