The U.S. Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), (decided on July 9, 2020), saw that Court uphold a 200 year old treaty between the United States and Creek Indians that traces back to Andrew Jackson and the Trail of Tears. As a result of the McGirt decision, most of Eastern Oklahoma, including Tulsa, is now considered part of Indian Country. Contracts, land rights, and criminal cases in Eastern Oklahoma must be viewed, at least partially, through the scope of Federal Indian Law. By way of example, between July 9, 2020 and August 9, 2020, over 1000 criminal convictions by Oklahoma state courts have been overturned as a direct result of McGirt because state courts do not have subject matter jurisdiction over criminal prosecutions of defendants on Indian lands. Other dormant, but valid, treaties can be expected to again see future honor as a result of McGirt. If the area of the country you live in was once Indian territory, (e.g., Chattanooga, Tennessee), look to see if there may be an old Indian treaty that may impact your case. If you wish to discuss a legal matter, such as how Native American bloodlines may impact a pending child custody case in Tennessee, call attorney Gregory D. Smith, 931/647-1299 for a free consultation.
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Tennessee parents like you need to decide what type of custody situation will work best for everyone, but especially your children. Today, the Law Office of Gregory D. Smith will examine the possible positive benefits associated with joint custody.
In recent studies, it has been shown that children of joint custody seem to do better than children of sole custody on a whole. They seem to experience more emotional stability, fewer behavioral problems, and less trouble adjusting to life in the aftermath of the divorce itself. They tend to be happier, and seem to suffer from fewer issues like anxiety or depression as they age.
In terms of relationship skills, children of sole custody are shown to struggle more in school. They tend to be “trouble-makers”, and some find it difficult to make friends their age. Likewise, many of them feel estranged from one or even sometimes both parents.
On the other hand, children of joint custody seem to have fewer issues with making friends, act up less often in school settings, and have an easier time developing meaningful relationships with both parents. It is believed that having both parents involved in the child’s life creates more harmony and balance.
If you are curious about the possibility of sharing joint custody of your child with your ex-spouse, consider contacting an experienced family law attorney. They will be able to tell you whether or not this type of custody arrangement will realistically work for your unique situation, and may be able to help you through the process to get there.
If you are in Tennessee and have questions about rules regarding divorce, family law, or custody, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.
Divorce is a difficult time for anybody, but if there is a special-needs child in the balance the stakes are much higher and things can become much more complex. In the event that you are going through a divorce with a child who has special needs in Tennessee, you likely have concerns that other parents will not need to consider.
According to the Special Needs Alliance, coming up with a solid parenting plan and how the child’s transition to adulthood will look is absolutely paramount. In the event that the divorce between you and your soon-to-be ex-partner is not amicable, then adequate legal representation is needed for both sides. It is important to be aware that child support calculators tend to not take the expenses related to a special-needs child into consideration. Additionally, child support may be counted against governmental benefits like Medicare and SSI, so both you and your ex-partner must keep this in mind.
This is particularly salient in the event that your child will require long-term care. In the majority of divorces, child support ends when the child reaches the age of majority or when he or she graduates university. With many special-needs children, the parents must face the reality of managing a lifelong situation. It is important for both parents to understand if the child will move into a care facility upon the age of majority or if one or both parents are committed to lifelong maintenance.
It is also important for both parties to draw up living wills and estate plans that provide provisions for the care of the child in the event of the death of one or both parents.
If you are in Tennessee and have questions about rules regarding divorce and custody, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal,(the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.