Karnes Legal's Blog

HAVE YOU BEEN WRONGFULLY ACCUSED OF CHILD ABUSE BY DCS

Tennessee requires anyone who suspects child abuse to be a "mandatory reporter.”  Child abuse investigations can be initiated by reports from teachers, doctors, counselors, ministers. other professionals, parents of your children's friends, neighbors, relatives, or observing strangers if they have reason to believe child abuse has occurred. Other times a disgruntled spouse or former spouse will make a report to gain advantage in divorce in cases. These reports may be anonymous. Having a child abuse attorney is critical to having a successful outcome in your case. Early intervention with the Department of Children and Family Services, police investigators and prosecutors is essential. If meetings are set for you to attend at The Department of Children’s Services, do not attend without counsel, and do not sign any papers without approval of counsel. If you have to go to court on a child abuse offense, it is vital be prepared in advance. Judges can...
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Annulment differs from divorce

Annulment differs from divorce, which recognizes the original validity of a marriage and dissolves that marriage.  An annulment is a court ruling that decrees a marriage was void at its inception. Tennessee law specifies specific statutory grounds that will support a decree of annulment: 1.     Fraud - Fraud or misrepresentation that induces someone to marry is grounds for an annulment such as someone giving the false impression he wants children or misrepresenting that he was never convicted of a crime. 2.     Duress - If a marriage is entered into under conditions that can be characterized as duress, it is grounds for annulment in Tennessee. 3.     Medical Conditions - If your spouse suffers from insanity and has no medical grounds to anticipate a recovery, the courts will grant an annulment. 4.     Sexual dysfunction -  If your spouse suffers from a sexual dysfunction that affects your marriage, you qualify for an annulment. 5.      Underage Spouse - Tennessee...
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If you are wrongly indicated by DCS as a child abuser, you must appeal in 10 days

Concerns regarding the TN Administrative Appeals of Indicated Child Abuse – If you are wrongly indicated by DCS as a child abuser, you must appeal in  10 days. Not all indicated perpetrators currently have a right to access the administrative/judicial appeal process; (2) sometimes the rights are triggered years after the allegations were investigated which causes problems presenting evidence, etc; (3) some of the indicated perpetrators are minor children and special protections need to be in place for them; (4) many indicated perpetrators don’t have access to legal advice and representation related to the administrative appeals. (5) There may be a problem getting the “indicated” status changed in the DCS computer system when an appellant prevails in the appeal process. KLS can help you with this appeal....
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