"material change in circumstances. 

After a finding a material change, court must determine whether the modification is in the child's best interest

If moving 100 miles, must give the other parent 60 days notice. 

If opposed, look at the existing custodial agreement. 

If parties spend substantialy equal intervals of time with the child, there is no presumption in favor of or against the request to relocate. 

Look at the best interests of the child.

Action to establish paternity can be brought before or after the child's birth and up to 3 years after the birth. 

Preponderance of the evidence to rebut paternity

Recrimination - requires proof that the plaintiff is guilty of adultery. 

Condonation - knowledge of adultery and takes the spouse back.

Connivance: secret/indirect consent of competent spouse. 

Must have marital dissolution

only available by agreement of both parties

adequate insufficient provision for custody and maintenance of minor child

1. The man & mother were/are married - child born during marriage/300 days

2. Attempted to marry in compliance w/ law (Before child's birth)

3. " " (after birth) and father registery/birth certificate/obligated to support

1. Acts complained/committed by person was bona fide residence of TN

2. Out of state P was not res/D has resided in state 6 months prior to filing the complaint.

1. Home state 

2. Significant connection

3. Last resort

4. emergency 

1. a majority child/minor's guardian

2. Child's mother

3. A man claiming to be the child's father

4. Dep't of human services or its contractor

1. Complanant has been guilty of like act

2. Admitted the act and embraces

3. allowed wife's prostitutuions AND received hire for them

4. wife was exposed to lewd company by husband and she becomes ensnared in the act of adultery

any after-acquired property is separate property

Cannot be modified

If each party substantially contriubed to its perservation and appreciation, and 

the value of vested and unvested pension/stock/retirement/fringe benefits that accrued during the period of the marriage. 

Generally when is alimony in futuro most likely to be awarded?

1. The 3rd person is contributing to the support of the alimony recipient

2. the third person is receiving support from the alimony recipient 

Automatically and unconditionally terminate upon the death or remarriage of the recipient. 

upon the death of the payor, unless otherwise specifically stated

1. remaining spouse knew/could know of the location of the child (removed)

2. Whether abandoning spouse intentionally w/o good cause removed child

3. the attempts by abandoning spouse to notify the other.

1. history of violence 

2. child is product of rape/incest

3. spouse has a reasonable apprehension of harm

4. Abused/neglected the child

1. providing for the child's emotional care/stability

2. providing for the child's physical care

3. Providing encouragement/protection fo teh child's intellectual/moral development

4. Assisting in interpersonal relationships

5. Exercising judgment for child's welfare

6. Fianancial security/support in additon to child support obligations

1. does not have a reasonable purpose

2. pose a threat of specific/serious harm to child outweighing harm to change of custody

3. vindictive motive  intended to defeat/deter visitation rights

entered into by such spouses-

1. freely 2. knowledgeably 3. in good faith 4. without exertion of duress 5. without exertion of undue influence

Current/former spouses

who live/have lived together

dating/had dated/have or have had sexual relationship

related by blood/adoption

related/formerly realted by marriage

1. proper jurisdiction 

2. has reasonable cause violated/in violation of an order for protection

3. Verified order is in effect

4. 

To determine who is the primary agressor the officer shall consider

1. history of domestic abuse

2. severity of the injuries

3. Evidence from persons involved

4. likelihood of future injury

5. Self-Defense?

6. Evidence from witness of domestic abuse

What is TN's general presumptions for the validity of marriage

1. strong presumption in favor of the validity of marriage

2. Rebuttable presumption that the last marriage is a valid marriage and that any prior marriages were dissolved by death or divorce

What are the factors the courts must consider when determining whether to award alimony?

1. Relative earning capaity 2. Education/training 3. Duration 4. Age/physical and mental condition 5. feasible employment 6. separate assets

7. standard of living 8. contributions (T & IT) 9. Relative fault

In solido is not modifiable

Rehabilitiative/in futuro is modifiable 

Transitional is not unless parties/courts so provide in award

1. willfully or voluntarily unemployed

2. no reliable evidence of income

2. parent has other assets

1. 15% change in income of non custodial parent

2. number of children increases

3. disabled child

4. agreement of parent

5. may not go below statutory guidelines unless by court discretion 

1. consent/capacity to contract

2. D is impotent or marriage is not consummated

3. Womean preganant by another man without knowledge or plaintiff

1. Bigamous/incestuous marriages

2. Party adjucated insane at time of marriage ceremony

3. same sex marriages

1. temporary order - must be immediate and present danger 

2. Longer order - must prove that the allegation of abuse, stalking or assault by a preponderance of the evidence

They were ever married to the other parent

The two parents were together only once to conceive the child

They ever maintained a household together

UNLESS PARENTAL RIGHTS ARE TERMINATED

1. Determine total income

2. Apply guidelines to the amount and divide support on a pro-rate basis according to parent's icnome

A person who lives with the child during its first two years of life AND

openly holds out the child as his or her own.

Consideration for prenups is the marriage itself

Consideration for postnups (must be more obv.)  has to flow to both parties