Parents Can Be Responsible for Teenage Parties!

There is a common belief that it is not illegal for a teenager to drink if his or her parents are home and say "It's Okay."  THIS IS NOT TRUE!  It is a crime to provide yours or anyone's child alcohol if they are under twenty-one (21) years old.  Even if the children stay in your home and do not leave, it is a neither legal nor wise to provide children alcohol, drugs or even tobacco.  Just don't do it.   

What is the difference between a misdemeanor and a felony?

A misdemeanor is any crime that is punishable by no more than 11 months and 29 days (1 day less than a full calendar year) in jail. A felony is any crime that is punishable up to one or more years in jail.  A crime may be a felony even when the actual punishment received is less than one year if the possible punishment could be greater than 11 months and 29 days. 

Can I sue a bystander for not helping me when I was in danger or in an accident?

The general rule is that there is no duty or responsibility of a bystander to rescue you in danger or in an accident.  The major exception is where the bystander began to assist you and stopped.  Once a bystander begins to help then that person must continue to help, otherwise they may be liable for any aggravation to your injuries. 

What does “Res Ipsa Loquitor” mean in an accident case?

It is Latin for “the thing speaks for itself.” The elements of Res Ipsa Loquitor are 1) the accident would not have occurred without negligence, 2) the means of the accident were exclusively in the control of the Defendant, and 3) the Plaintiff was not at fault nor contributed to the fault of the accident.  

Do I have a right to a jury trial in every court case?

In Tennessee if you are charged with a crime then you have the absolute right to a jury trial for any matter that is punishable by jail time or a fine of $50.00 or more.  The only exceptions are violations of Probation or criminal contempt charges.  On these charges, it is the judge who will determine the guilt or innocence of the accused. 

In a civil matter, a jury must be requested by either the plaintiff or the defendant at the beginning of the case.  If a jury trial is not demanded, then the right to a trial will be considered waived.  Please consult with your attorney before making any decision of whether a jury would be recommended in your case.

Can I keep my house if I file Chapter 7 Bankruptcy?

Tennessee allows an individual to protect up to a certain amount of equity in their primary residence when filing a Chapter 7 bankruptcy.  The exact amount of equity that may be protected depends upon several factors including age, if the person filing is married, and if the person has children under 18 years old.  If the person has equity under the exempt amount or no equity at all, then it may be possible to keep the home.  In order to do so, then the person must be current on their loan.  This is necessary because to keep the home then the person filing must enter a reaffirmation agreement to continue his or her financial responsibility on the home after the bankruptcy.  If however, the person filing is not current on his or her loan, then the mortgage company will not agree to the reaffirmation.  Before entering into a reaffirmation agreement, it is important that you discuss the possible ramifications with your Bankruptcy attorney.  

Can a grandparent be awarded visitation by the Court against the wishes the parents?

Like all good legal answers, the answer is maybe.  Tennessee has outlined what is necessary for grandparents to have rights to their grandchildren in the following statute:

 T.C.A. 36-6-306. Visitation rights of grandparents.

 (a)  Any of the following circumstances, when presented in a petition for grandparent visitation to a court of competent jurisdiction, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents:    (1) The father or mother of an unmarried minor child is deceased;     (2) The child's father or mother are divorced, legally separated, or were never married to each other;     (3) The child's father or mother has been missing for not less than six (6) months;     (4) The court of another state has ordered grandparent visitation; or      (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent or parents (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child).     (b) (1)  In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that:   (A) The child had such a significant existing relationship with the grandparent that loss of the relationship is likely to occasion severe emotional harm to the child;    (B) The grandparent functioned as a primary caregiver such that cessation of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or      (C) The child had a significant existing relationship with the grandparent and loss of the relationship presents the danger of other direct and substantial harm to the child.     (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:     (A) The child resided with the grandparent for at least six (6) consecutive months;     (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or     (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.     (c)  Upon an initial finding of danger of substantial harm to the child, the court shall then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307. Upon such determination, reasonable visitation may be ordered.     (d) (1)  Notwithstanding the provisions of § 36-1-121, if a relative or stepparent adopts a child, the provisions of this section apply.      (2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.   [Acts 1997, ch. 503, § 2; 2000, ch. 891, § 1; 2001, ch. 440, § 1.]   

T.C.A. 36-6-307. Determination of best interests of child for grandparent visitations. 

   In determining the best interests of the child under § 36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:      (1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;     (2) The existing emotional ties of the child to the grandparent;     (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;      (4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;      (5) The good faith of the grandparent in filing the petition;      (6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child; and   (7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person. [Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2

            The impact of these two statutes is to provide grandparents the ability to have visitation of their grandchild when the parents are not the traditional nuclear family.  If however the parents are married and are together, then the court will not likely second guess the child’s parents regarding who may or may not be around the child.