Legal Question in Family Law in Tennessee

Re: child custody

No, you will not lose your parental rights from falling behind on child support, although you may have to file a document in court explaining why you fell behind, e.g., unemployment. A child at age 18 has reached legal adult status and can choose where she lives. Also, there is case law in Tennessee suggesting a minor's opinion at age 14 should have a significant bearing on a judge in deciding what is in the "best interests of the child." If you go to my website at http://riskmgmt.biz/prose.htm you will find numerous examples of pleadings drafted in the past concerning child custody and visitation.

Also, you cannot constitutionally be put in jail if you are deadbroke and lack the means to be put in jail. However, Tennessee trial courts have been putting indigent child support debtors in jail in unconstitutional debtor prisons. Therefore, it is very important that you do not sit on your rights but actively assert your rights and explain why you have not been able to make child support payments.