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Family Law

Franklin Tennessee Family Lawyers

John M. Milazo and Misty D. Parks of Milazo Law, P.C. are aggressive Divorce and Family attorneys who have practiced in and around Franklin Tennessee Williamson County and the surrounding counties of Middle Tennessee for more than 38 years combined. This experience has allowed both John and Misty to grow as a legal professional giving them unique practical knowledge coupled with a passion for helping families navigate the unfamiliar and often intimidating processes which may be encountered as family's transition through a Divorce, post-divorce or co-parenting scenario. If your family is transitioning through a Divorce, post-divorce or co-parenting phase you should seek the advice and guidance of an experienced Family Law Attorney who has helped hundreds of families through such tragic events. Milazo Law, P.C. has the experience and passion necessary to guide you to your family's best direction. The compassion and commitment to not just the clients, but to their families as well, is what sets us apart from other firms.

Lawyers Helping Families through Divorce in Tennessee

Families today face obstacles in an unprecedented fashion. Addiction is increasing not only among adults but in children of very young ages. Domestic Violence has always existed but seems to be increasing as well. The current state of our economy is such that many families have seen their budgets reduced by one if not both of their incomes. Now faced with the reduced income, the increased pressure on the family caused by this new financial stress is more than one or both parties can stand. This stress may in some families lead to addiction, infidelity, domestic violence and ultimately a divorce. An attorney who has the compassion and concern for a family and the necessary experience to draw suggestions and solutions from is important to have on your side when your family faces issues such as this. You should be prepared for a fight if it becomes necessary, but a good lawyer should be solution oriented and help rather than exacerbate an already difficult time for a family.

In other families, not joined by marriage, these same issues may still exist only in these families, often times the parents may have never really known or respected one another much less been involved in a loving and committed relationship. These families must still face the difficult issues involved in parenting a child or children, but may find it more difficult to achieve the cooperation necessary to meet their respective goals for their children. These families need the help of an experienced Family Law attorney to help them implement a plan which serves their child's best interests. For help with your Family Law problem and to speak to John M. Milazo or Misty D. Parks for a free initial consultation call us at (615) 599-7719.

Many families have found themselves embattled in constant litigation which often only leads to less effective communication and additional expenses placed on the family. This can be avoided with the help of a Family Law Attorney who is passionate about helping families, but is willing to fight for you and your children if the situation calls for such action. Whether you are facing a divorce with children, or if you have children and were not married to the other parent, you will require a detailed Permanent Parenting Plan that is tailored to the specific needs of your family and that adequately allocates your respective parenting responsibilities and provides for the proper financial support for your child or children. The attorneys at Milazo Law, P.C. have more that 38 years of combined experience in helping families such as yours resolve their Family Law matters. At Milazo Law, P.C. you will meet one on one with your attorney, and will discuss your family's specific situation and will work to identify all of your family's needs. These may include division of real property (i.e. the marital residence or other real estate), allocation of marital debt, identification of the separate property of either spouse, the identification of the separate debts of either spouse, retirement 401K or other financial accounts which may be in the name of either party and may need to be divided. You will discuss specific details of your marriage and the path your marriage has taken leading each spouse to the position they now occupy. This information will be used to determine if alimony is appropriate, and if so the type and the duration will be discussed. Great detail will be paid to your family's specific needs with respect to your children, their safety, and support. Their schedules, as well as the schedules of each parent, must be carefully considered in order to develop a Permanent Parenting Plan which best suits your family.

Franklin TN Child Support Attorney

Whether parents of a minor child were previously married or even if they never resided together in the same household, it is necessary to calculate the proper amount of support to be ordered paid by the Alternative Residential Parent. It is important to have your situation closely assessed by a skilled trial attorney to determine if you are paying or receiving the proper amount of support under the current guidelines. The Tennessee Statutory Child Support Guidelines establish a mathematical formula for determining each party's financial responsibility for supporting the minor children. This formula takes into account: the amount of each party's respective parenting times, each party's adjusted gross income, the number of children involved, other qualified children residing in each party's residence, childcare expenses, health insurance expenses and recurring medical expenses. There is a Microsoft Excel spreadsheet referred to as the Child Support Worksheet (be sure to enable macros) which is used to calculate the proper support amount and this must be submitted with any support order.

Franklin, Tennessee, Williamson County Child Support lawyer

Once the parties' respective parenting times have been determined, there is usually little to discuss when calculating support. However, determining the parties' incomes is one area where parties will tend to disagree. In situations where one party is self-employed or receives varying bonuses or overtime pay the circumstance may become more difficult and require litigation. Usually, through the process of discovery and thereafter mediation, these issues can be resolved with less expense incurred.

Child support may be paid directly to the other parent, by direct deposit into the receiving parent's bank account or by a wage assignment and through the Child Support Services Office of the Department of Human Services of Tennessee. If you are a parent and not receiving child support you may petition the court via the Child Support Services Office to begin receiving support. This service will be provided almost free of charge, but will not address issues of visitation, or parenting responsibilities. Likewise, if you are ordered to pay support in an amount that you feel is not equitable or that falls within the established guidelines you may seek relief by contacting the Child Support Services Office and requesting that your matter is placed before the court for review. Although this service is provided almost free of charge, many patrons find the process frustrating and are often disappointed with the bureaucratic nature in which their case is handled.

Many cases involve individuals who may be either underemployed or even deceitfully hiding income. Other situations may involve income which varies dramatically based upon seasonal occupations, commission based pay, irregular bonuses or non-taxed or 1099 income. While the caseworkers and attorneys at the Child Support Services Office are capable of addressing these concerns, you may be more comfortable retaining the services of a professional private attorney who will give your case the attention that it deserves.

Child Support, ordered by a court, is enforceable by penalty of incarceration. The laws of the State of Tennessee allow a parent who is not receiving the ordered support to obtain a judgment for the amount of support that may be executed upon by garnishment of the obligor's wages, personal property, income tax refund and even the proceeds of the pending lawsuit. Furthermore, you may be able to collect your attorney's fees and other costs incurred as a result of being forced to file a petition to collect unpaid support. Therefore, if you are not receiving the support ordered by the court then you should certainly contact the Child Support Services Office or an experienced attorney of Milazo Law, P. C. to begin enforcing the support order. Likewise, whether you are the support obligor or the party receiving support, if the 15% deviation required by the guidelines has been met and is in your favor you should proceed by filing a petition in the appropriate court to adjust the obligation.

Franklin TN Child Custody Lawyer

Child Custody Attorney | Williamson County Tennessee

In recent years, the word custody has been substituted in Tennessee Courts in recent years with Primary Residential Parent. The meaning is still the same in that in most situations one parent ultimately maintains a more dominant parenting relationship with the children while the other parent visits regularly. In cases resulting from Divorce, the decision of who should serve as the Primary Residential Parent is often made by the parties' schedules and their previous parental roles while spouses. In families where the parents were never married there may not be a pattern established, but the best interests of the child or children is still usually evident. If you are facing a Child Custody dispute, you should contact an experienced Child Custody attorney, who is passionate about helping parents demand the right to raise their children the way they believe is best. John M. Milazo of Milazo Law, P.C., a Franklin, TN Law Firm in Williamson County, Tennessee will meet with you for a free initial consultation to plan a strategy that will best serve you and your child or children. For a free initial consultation with John Milazo, call (615) 599-7719 or CLICK HERE to leave a message trough this website and we will promptly respond to your message.

Circumstances, financial and otherwise, often define work schedules and school schedules, which usually leaves little for debate. What is important to understand is that the Court is going to base its decision on the best interests of the children involved. In making this decision the court will consider many things such as: the parents respective work schedules, the children's schedules, each parent's previous influences on the children, the education level of each of the parents, drug or alcohol abuse by either parent, physical or emotional abuse of the children or the other spouse, alienation of parental affection by one spouse against the other and after the children have turned thirteen years old, the children's wishes. Protect your rights to your children and hire an aggressive Child Custody attorney who will fight for your children and your right to raise them. John Milazo of the Franklin TN based firm, Milazo Law, P.C. in Williamson County has the experience necessary to help you fight for your right to parent your children. For a free initial consultation call us at (615) 599-7719.

Joint Custody Lawyer | Columbia, Maury County, TN

The trend in the courts and the law has been to look towards joint parenting decision-making and a more equal division of parenting time. That is certainly not to say that the judges will in all cases grant a 50-50 division of time and allow joint decision-making, only that the judges are instructed to consider this as an option before determining otherwise. In reality these situations are very difficult to maintain and one would be wise to seriously consider the likelihood of this arrangement being manageable before asking for or agreeing to such an arrangement. However, in cases where these arrangements work well, the children seem to benefit greatly from their parents cooperation and ultimately suffer far less than other children who fall victim to divorce. Joint Custody or Fifty Fifty (50-50) parenting time may or may not be best for your family. To discuss your family further with an experienced Divorce and Family Law attorney call John Milazo at (615) 599-7719 for a free initial consultation.

Child Custody Attorney Williamson County Tennessee

For aggressive representation and the experience of a thirteen year courtroom veteran who has helped hundreds of families just like yours call John Milazo of Milazo Law, P.C. for a free initial consultation today to see how he can help you help your family at (615)599-7719.

Whatever agreement is reached regarding custody and visitation; it is likely to be far more palatable to the parents and children than one manufactured by the court at the conclusion of a trial. Unfortunately, despite the best efforts of each of the attorneys, the judge is not likely to have as clear a picture of your personal circumstances as you may have hoped. Judges will look to the best interest of your children and do their best to fashion a Permanent Parenting Plan, which will serve to adequately address the children's needs. Ultimately; however, the judge will not likely take into account many of the infinite considerations that may be unique to your family's situation. Because of this, parties are often required to attend Mediation. Mediation is non-binding arbitration; during which, parties attempt to amicably resolve the issues between them. This process works quite well, especially in matters of family law. The mediator, certified as set out in Rule 31 of the Tennessee Supreme Court Rules, is an experienced divorce and family law practitioner familiar with the habits and tendencies of our local judges. The mediator will listen to each party's point of view; through conversations with the parties and their respective counsels, review financial data supplied prior to the data mediation and will work to aid the parties in fashioning an agreement which works to best serve the parties and their children. Mediation is not limited to custody: all matters pending between the parties may be addressed. Let an experienced child custody attorney help you help your family find it's best plan for your children. Whether at mediation, or in a trial, John Milazo of the Williamson County Tennessee based firm, Milazo Law, P.C. can help you help your children. For a free initial consultation call us at (615) 599-7719.

Parental Relocation Attorney in Franklin, TN

Parental Relocation Lawyer | Williamson County, Tennessee | Maury County TN

Every parenting plan entered in the State of Tennessee contains what is often referred to as the "Parental Relocation Statute" or a provision for what steps must be taken by a parent who wishes to relocate out of the state of Tennessee or more than 100 miles away from the other parent. First, the parent wishing to relocate must send a certified letter to the other parent stating where they intend to move, when they intend to move and why they have decided to move. The other parent is then under the burden to file a Notice of Opposition to the Relocation if they are opposed to the relocation.

Whether you are trying to move away and take your kids with you or you are a parent who wants to stop the other parent from moving your children to another state or more than 100 miles away, you need a lawyer who will help you do what is best for you and your child or children. John Milazo has handled many Divorce and Post-Divorce matters where one parent has given Notice of His or Her Intent to Relocate with the Parties' Minor Children. John M. Milazo of Milazo Law, P.C. located in Franklin, Williamson County TN will meet with you for a Free Initial Consultation in person or on the phone and will help you determine if relocation is best for your family and what provisions should be added to your new Permanent Parenting Plan to help maximize each parents time with the children and to minimize the impact the Relocation, if approved by the Court, will have on each parent's ability to co-parent their kids. To speak with John M. Milazo or Misty D. Parks call (615) 599-7719 or CLICK HERE to leave a message through this website and we will contact you shortly.

There are two different standards that the court must follow in deciding whether or not to allow a parent to relocate. When the parents are exercising "substantially equal" parenting time, then it is a best interest analysis, i.e., is it better for the child to be here with the parent not relocating or best for the child to be with the parent that is relocating. If the parents are not exercising substantially equal parenting time then so long as the move is for a reasonable purpose then the parent can relocate, unless the other parent can prove that the relocation is vindictive, will substantially harm the child, or certain other specific instances that would not be in the child's best interest.

An experienced and knowledgeable attorney, such as John M. Milazo of the Franklin, TN law firm Milazo Law, P.C. who is familiar with the judges in the jurisdiction can assess your case based on your particular circumstances and help you to protect your time with your child or children whether you are seeking to relocate or to prevent the other parent from relocating. You may contact John M. Milazo at (615) 599-7719 to discuss the details of your situation or you may CLICK HERE to leave a message through this website that will be promptly returned.

We help parents on both sides of move-away disputes, i.e. parents who wish to move and parents who wish to prevent a move. Parents who wish to move often succeed in a modification under the following circumstances:

  • The custodial parent needs to move near family members to obtain help because he or she suffers from a health issue.
  • The custodial parent lost a job and must relocate for a new employment opportunity or to utilize family resources.

Should the other parent be allowed to relocate under Tennessee Law John M. Milazo of the Franklin TN law firm Milazo Law, P.C., located in Williamson County, can help to craft a Permanent Parenting Plan to optimize your time with your child, modify your child support based on the increased transportation costs, and help you to avoid potential pitfalls that are commonly encountered when providing for long distance visitation.

Parents who wish to prevent a move often succeed under the following circumstances:

  • By demonstrating that a child's interest will be best served by keeping him or her near a family support network, medical care or school.
  • By demonstrating that a child's temperament is not conducive to a move.
  • By demonstrating that the other parent is moving for the primary purpose of deterring visitation
  • By demonstrating that there is no reasonable purpose for the move

In order to prevent the other parent of your child or children from relocating there may be steps that need to be taken. John Milazo of the law firm Milazo Law, P.C. can assist you in filing a Petition in Opposition to the relocation in the appropriate Court. There is generally a requirement, although it can be waived in certain limited circumstances, that the parties attend mediation before a relocation case can be set for a trial before the court. John M. Milazo is an attorney experienced in filing, prosecuting, and defending actions regarding Parental Relocation in the courts of Franklin, TN. Call (615 ) 599-7719 or CLICK HERE to leave a message for John Milazo and we will contact you back shortly.

Experienced in Relocation Case in Williamson County, Maury County, and Surrounding Middle Tennessee Area

Parental relocation cases now involve new factors ranging for the connective opportunities that social networking can provide to the question of who will pay for travel expenses once a move-away is approved.

Generally, cases boil down to Tennessee Law and its provision that parents with physical custody of children can relocate to another city, state or even country unless the other parent can demonstrate that the move will "substantially harm" the child or is sought for malicious or vindictive purposes. For experienced legal help on either side of a parental relocation dispute, contact us for a no-charge initial consultation at (615) 599-7719.

Parental Relocation Lawyer | Columbia Tennessee | Maury County

Parents who reside in, or were divorced in Columbia TN, Mt. Pleasant, Spring Hill or in Maury County must revisit the Chancery Court or Circuit Court where they were divorced either to seek permission to, or to oppose, a move or to enter a new Permanent Parenting Plan. Parents who were never married, but who have an existing Permanent Parenting Plan or Child Custody Order, must appear in Maury County Juvenile Court. If the parents were never married, and no Order exists it may not be necessary to give Notice or ask for the Court's permission before relocating with the children, but you may wish to consult with a lawyer to decide what is best for your situation.

Order of Protection Lawyer Williamson County, TN

Franklin Tennessee Domestic Violence Attorney

Whether you are seeking to obtain or extend an Order of Protection or if you have been served with an Order of Protection and you must now appear in Court to Defend your rights to your home, child or Children, you should speak with an aggressive attorney who is passionate about families and is familiar with the Court you will be appearing before. To speak with John M. Milazo or Misty D. Parks of the Williamson County firm of Milazo Law, P.C. located in downtown Franklin, for your free initial consultation please call (615) 599-7719 of Contact Us Here to leave a message that will be returned shortly.

Many factors will be considered by the Court when determining if an Order of Protection is appropriate in a particular situation.

  • The relationship of the parties,
  • Other pending litigation,
  • The seriousness of the allegations,
  • How recently the allegations are to have occurred,
  • Children of the parties and even pets of the parties.
  • Support to be paid to the victim and children if applicable.

John M. Milazo and Misty D. Parks, are attorneys with over 38 years combined representing people, both seeking and defending Order of Protection matters offers free initial consultations to determine if your situation is one where an Order of Protection is appropriate. For a consultation to speak with John M. Milazo or Misty D. Parks please call us at (615) 599-7719.

Order of Protection Franklin TN

An Order of Protection (often referred to as a Restraining Order, Temporary Restraining Order or a Protection Order) is an Order which restricts or totally eliminates a violent or dangerous person from contacting or coming about his or her victim for one year. An Order of Protection will only be granted in certain situations where the parties are in a specific type or relationship that is domestic in nature.

  • People who are married or used to be married.
  • People who live together or used to live together.
  • People who have a child together.
  • People who are dating, used to date, or have had sex ( same sex does apply).
  • People who are relatives, related by adoption or are or were in-laws.
  • People who are the child or children of the alleged abuser.
  • People who have been stalked by the abuser.
  • People who have been sexually assaulted by the abuser.
  • Limited other relationships may apply.

To speak with an attorney who is aggressive and will strive to help you and your kids, call John Milazo or Misty D. Parks of Milazo Law, P.C. to determine if your relationship with the abuser in question qualifies. For a free initial consultation call us at (615) 599-7719.

Order of Protection Attorney Columbia Tennessee

The Court should only issue an Order of Protection if a person can demonstrate that they reasonably fear for their safety and are not only seeking to gain an advantage in a Divorce, Child Custody, Dependency and Neglect or other related court matter. This fear may result from physical abuse or may be from emotional abuse stemming from recurring abusive language, especially of a threatening nature. Unfortunately, all to often, the real victims are scrutinized closely because there are many people who abuse the power of an Order of Protection and who will lie under oath to seize that power. An experienced lawyer who is familiar with the Court in your area and who routinely appears on behalf of Domestic Violence victims can help you protect yourself and your child or children, by:

  • First, completing the necessary documents throughly and without unnecessary and sometimes distracting information.
  • Next. your Petition will be submitted to a Judge to determine if the Court will issue a Temporary Order of Protection. This is called an Ex Parte Order of Protection, which means that the Court temporarily Issues an Order prior to hearing from the other side.
  • A trial on the merits of your Petition will then be heard within fifteen days.
  • In some cases such as where the abuser has violated the Order of Protection at some point, the Court will extend the Order of Protection.

True victims of Domestic Violence are motivated only by fear and any relief granted by the Court which benefits them is merely a byproduct of the malfeasance of the offending party. It is unfortunate but this process is often exploited by parties seeking to use the Order of protection, especially the initial temporary Order of Protection granted without a hearing to gain an advantage in another matter. The negative consequences of an Order of Protection can include:

  • In a Contested Divorce, with or without kids involved, a party who has received an Order of Protection may have exclusive possession of the marital residence and the other party cannot go home.
  • Being banned from their house sometimes blocks their access to certain evidence that may be necessary to properly assert their position in a Contested Divorce. Also, without even filing a Divorce or Child Custody petition, the Court, will grant the Petitioner, Custody and both Child Support and support similar to Spousal Support.
  • The Respondent cannot own or possess a firearm even for sporting or hunting purposes.
  • A handgun carry permit will be revoked.
  • The Respondent may find that his or her employment may be negatively impacted.
  • Security Clearances may be withdrawn or not be renewed.
  • Other, unrelated custody matters of other children may be impacted by this incident.
  • Travel outside of the United States may be impacted.
  • For Non-United States Citizens, their immigration status could be impacted and even prevent future citizenship.

At the Franklin, Tennessee, law firm of Milazo Law, P.C. John Milazo has helped many people both obtain as well as defend an Order of Protection. An Order of Protection can be destructive when utilized for the wrong purpose, but hat does not mean that it is not necessary in many situations. If you are afraid for your safety or the safety of your children, do not hesitate to get help obtaining an Order of Protection. Victims of Domestic Violence may contact Bridges of Williamson County, a Domestic Violence Shelter who will give you and your children a place to stay and provide for your basic needs. Bridges will also help you obtain an Order of Protection, although they are not Lawyers and cannot offer legal advise. If you need help obtaining or defending an Order of Protection, you may call (615) 599-7719 for your free initial consultation with John Milazo or Misty D. Parks to see how the experience and skill of an attorney who is passionate about serving families can help you help your family.

Franklin TN Child Support Attorney

Whether parents of a minor child were previously married or even if they never resided together in the same household, it is necessary to calculate the proper amount of support to be ordered paid by the Alternative Residential Parent. It is important to have your situation closely assessed by a skilled trial attorney to determine if you are paying or receiving the proper amount of support under the current guidelines. The Tennessee Statutory Child Support Guidelines establish a mathematical formula for determining each party's financial responsibility for supporting the minor children. This formula takes into account: the amount of each party's respective parenting times, each party's adjusted gross income, the number of children involved, other qualified children residing in each party's residence, childcare expenses, health insurance expenses and recurring medical expenses. There is a Microsoft Excel spreadsheet referred to as the Child Support Worksheet (be sure to enable macros) which is used to calculate the proper support amount and this must be submitted with any support order.

Franklin, Tennessee, Williamson County Child Support lawyer

Once the parties' respective parenting times have been determined, there is usually little to discuss when calculating support. However, determining the parties' incomes is one area where parties will tend to disagree. In situations where one party is self-employed or receives varying bonuses or overtime pay the circumstance may become more difficult and require litigation. Usually, through the process of discovery and thereafter mediation, these issues can be resolved with less expense incurred.

Child support may be paid directly to the other parent, by direct deposit into the receiving parent's bank account or by a wage assignment and through the Child Support Services Office of the Department of Human Services of Tennessee. If you are a parent and not receiving child support you may petition the court via the Child Support Services Office to begin receiving support. This service will be provided almost free of charge, but will not address issues of visitation, or parenting responsibilities. Likewise, if you are ordered to pay support in an amount that you feel is not equitable or that falls within the established guidelines you may seek relief by contacting the Child Support Services Office and requesting that your matter is placed before the court for review. Although this service is provided almost free of charge, many patrons find the process frustrating and are often disappointed with the bureaucratic nature in which their case is handled.

Many cases involve individuals who may be either underemployed or even deceitfully hiding income. Other situations may involve income which varies dramatically based upon seasonal occupations, commission based pay, irregular bonuses or non-taxed or 1099 income. While the caseworkers and attorneys at the Child Support Services Office are capable of addressing these concerns, you may be more comfortable retaining the services of a professional private attorney who will give your case the attention that it deserves.

Child Support, ordered by a court, is enforceable by penalty of incarceration. The laws of the State of Tennessee allow a parent who is not receiving the ordered support to obtain a judgment for the amount of support that may be executed upon by garnishment of the obligor's wages, personal property, income tax refund and even the proceeds of the pending lawsuit. Furthermore, you may be able to collect your attorney's fees and other costs incurred as a result of being forced to file a petition to collect unpaid support. Therefore, if you are not receiving the support ordered by the court then you should certainly contact the Child Support Services Office or an experienced attorney of Milazo Law, P. C. to begin enforcing the support order. Likewise, whether you are the support obligor or the party receiving support, if the 15% deviation required by the guidelines has been met and is in your favor you should proceed by filing a petition in the appropriate court to adjust the obligation.

Franklin TN Child Custody Lawyer

Child Custody Attorney | Williamson County Tennessee

In recent years, the word custody has been substituted in Tennessee Courts in recent years with Primary Residential Parent. The meaning is still the same in that in most situations one parent ultimately maintains a more dominant parenting relationship with the children while the other parent visits regularly. In cases resulting from Divorce, the decision of who should serve as the Primary Residential Parent is often made by the parties' schedules and their previous parental roles while spouses. In families where the parents were never married there may not be a pattern established, but the best interests of the child or children is still usually evident. If you are facing a Child Custody dispute, you should contact an experienced Child Custody attorney, who is passionate about helping parents demand the right to raise their children the way they believe is best. John M. Milazo of Milazo Law, P.C., a Franklin, TN Law Firm in Williamson County, Tennessee will meet with you for a free initial consultation to plan a strategy that will best serve you and your child or children. For a free initial consultation with John Milazo, call (615) 599-7719 or CLICK HERE to leave a message trough this website and we will promptly respond to your message.

Circumstances, financial and otherwise, often define work schedules and school schedules, which usually leaves little for debate. What is important to understand is that the Court is going to base its decision on the best interests of the children involved. In making this decision the court will consider many things such as: the parents respective work schedules, the children's schedules, each parent's previous influences on the children, the education level of each of the parents, drug or alcohol abuse by either parent, physical or emotional abuse of the children or the other spouse, alienation of parental affection by one spouse against the other and after the children have turned thirteen years old, the children's wishes. Protect your rights to your children and hire an aggressive Child Custody attorney who will fight for your children and your right to raise them. John Milazo of the Franklin TN based firm, Milazo Law, P.C. in Williamson County has the experience necessary to help you fight for your right to parent your children. For a free initial consultation call us at (615) 599-7719.

Joint Custody Lawyer | Columbia, Maury County, TN

The trend in the courts and the law has been to look towards joint parenting decision-making and a more equal division of parenting time. That is certainly not to say that the judges will in all cases grant a 50-50 division of time and allow joint decision-making, only that the judges are instructed to consider this as an option before determining otherwise. In reality these situations are very difficult to maintain and one would be wise to seriously consider the likelihood of this arrangement being manageable before asking for or agreeing to such an arrangement. However, in cases where these arrangements work well, the children seem to benefit greatly from their parents cooperation and ultimately suffer far less than other children who fall victim to divorce. Joint Custody or Fifty Fifty (50-50) parenting time may or may not be best for your family. To discuss your family further with an experienced Divorce and Family Law attorney call John Milazo at (615) 599-7719 for a free initial consultation.

Child Custody Attorney Williamson County Tennessee

For aggressive representation and the experience of a thirteen year courtroom veteran who has helped hundreds of families just like yours call John Milazo of Milazo Law, P.C. for a free initial consultation today to see how he can help you help your family at (615)599-7719.

Whatever agreement is reached regarding custody and visitation; it is likely to be far more palatable to the parents and children than one manufactured by the court at the conclusion of a trial. Unfortunately, despite the best efforts of each of the attorneys, the judge is not likely to have as clear a picture of your personal circumstances as you may have hoped. Judges will look to the best interest of your children and do their best to fashion a Permanent Parenting Plan, which will serve to adequately address the children's needs. Ultimately; however, the judge will not likely take into account many of the infinite considerations that may be unique to your family's situation. Because of this, parties are often required to attend Mediation. Mediation is non-binding arbitration; during which, parties attempt to amicably resolve the issues between them. This process works quite well, especially in matters of family law. The mediator, certified as set out in Rule 31 of the Tennessee Supreme Court Rules, is an experienced divorce and family law practitioner familiar with the habits and tendencies of our local judges. The mediator will listen to each party's point of view; through conversations with the parties and their respective counsels, review financial data supplied prior to the data mediation and will work to aid the parties in fashioning an agreement which works to best serve the parties and their children. Mediation is not limited to custody: all matters pending between the parties may be addressed. Let an experienced child custody attorney help you help your family find it's best plan for your children. Whether at mediation, or in a trial, John Milazo of the Williamson County Tennessee based firm, Milazo Law, P.C. can help you help your children. For a free initial consultation call us at (615) 599-7719.

Parental Relocation Attorney in Franklin, TN

Parental Relocation Lawyer | Williamson County, Tennessee | Maury County TN

Every parenting plan entered in the State of Tennessee contains what is often referred to as the "Parental Relocation Statute" or a provision for what steps must be taken by a parent who wishes to relocate out of the state of Tennessee or more than 100 miles away from the other parent. First, the parent wishing to relocate must send a certified letter to the other parent stating where they intend to move, when they intend to move and why they have decided to move. The other parent is then under the burden to file a Notice of Opposition to the Relocation if they are opposed to the relocation.

Whether you are trying to move away and take your kids with you or you are a parent who wants to stop the other parent from moving your children to another state or more than 100 miles away, you need a lawyer who will help you do what is best for you and your child or children. John Milazo has handled many Divorce and Post-Divorce matters where one parent has given Notice of His or Her Intent to Relocate with the Parties' Minor Children. John M. Milazo of Milazo Law, P.C. located in Franklin, Williamson County TN will meet with you for a Free Initial Consultation in person or on the phone and will help you determine if relocation is best for your family and what provisions should be added to your new Permanent Parenting Plan to help maximize each parents time with the children and to minimize the impact the Relocation, if approved by the Court, will have on each parent's ability to co-parent their kids. To speak with John M. Milazo or Misty D. Parks call (615) 599-7719 or CLICK HERE to leave a message through this website and we will contact you shortly.

There are two different standards that the court must follow in deciding whether or not to allow a parent to relocate. When the parents are exercising "substantially equal" parenting time, then it is a best interest analysis, i.e., is it better for the child to be here with the parent not relocating or best for the child to be with the parent that is relocating. If the parents are not exercising substantially equal parenting time then so long as the move is for a reasonable purpose then the parent can relocate, unless the other parent can prove that the relocation is vindictive, will substantially harm the child, or certain other specific instances that would not be in the child's best interest.

An experienced and knowledgeable attorney, such as John M. Milazo of the Franklin, TN law firm Milazo Law, P.C. who is familiar with the judges in the jurisdiction can assess your case based on your particular circumstances and help you to protect your time with your child or children whether you are seeking to relocate or to prevent the other parent from relocating. You may contact John M. Milazo at (615) 599-7719 to discuss the details of your situation or you may CLICK HERE to leave a message through this website that will be promptly returned.

We help parents on both sides of move-away disputes, i.e. parents who wish to move and parents who wish to prevent a move. Parents who wish to move often succeed in a modification under the following circumstances:

  • The custodial parent needs to move near family members to obtain help because he or she suffers from a health issue.
  • The custodial parent lost a job and must relocate for a new employment opportunity or to utilize family resources.

Should the other parent be allowed to relocate under Tennessee Law John M. Milazo of the Franklin TN law firm Milazo Law, P.C., located in Williamson County, can help to craft a Permanent Parenting Plan to optimize your time with your child, modify your child support based on the increased transportation costs, and help you to avoid potential pitfalls that are commonly encountered when providing for long distance visitation.

Parents who wish to prevent a move often succeed under the following circumstances:

  • By demonstrating that a child's interest will be best served by keeping him or her near a family support network, medical care or school.
  • By demonstrating that a child's temperament is not conducive to a move.
  • By demonstrating that the other parent is moving for the primary purpose of deterring visitation
  • By demonstrating that there is no reasonable purpose for the move

In order to prevent the other parent of your child or children from relocating there may be steps that need to be taken. John Milazo of the law firm Milazo Law, P.C. can assist you in filing a Petition in Opposition to the relocation in the appropriate Court. There is generally a requirement, although it can be waived in certain limited circumstances, that the parties attend mediation before a relocation case can be set for a trial before the court. John M. Milazo is an attorney experienced in filing, prosecuting, and defending actions regarding Parental Relocation in the courts of Franklin, TN. Call (615 ) 599-7719 or CLICK HERE to leave a message for John Milazo and we will contact you back shortly.

Experienced in Relocation Case in Williamson County, Maury County, and Surrounding Middle Tennessee Area

Parental relocation cases now involve new factors ranging for the connective opportunities that social networking can provide to the question of who will pay for travel expenses once a move-away is approved.

Generally, cases boil down to Tennessee Law and its provision that parents with physical custody of children can relocate to another city, state or even country unless the other parent can demonstrate that the move will "substantially harm" the child or is sought for malicious or vindictive purposes. For experienced legal help on either side of a parental relocation dispute, contact us for a no-charge initial consultation at (615) 599-7719.

Parental Relocation Lawyer | Columbia Tennessee | Maury County

Parents who reside in, or were divorced in Columbia TN, Mt. Pleasant, Spring Hill or in Maury County must revisit the Chancery Court or Circuit Court where they were divorced either to seek permission to, or to oppose, a move or to enter a new Permanent Parenting Plan. Parents who were never married, but who have an existing Permanent Parenting Plan or Child Custody Order, must appear in Maury County Juvenile Court. If the parents were never married, and no Order exists it may not be necessary to give Notice or ask for the Court's permission before relocating with the children, but you may wish to consult with a lawyer to decide what is best for your situation.

Order of Protection Lawyer Williamson County, TN

Franklin Tennessee Domestic Violence Attorney

Whether you are seeking to obtain or extend an Order of Protection or if you have been served with an Order of Protection and you must now appear in Court to Defend your rights to your home, child or Children, you should speak with an aggressive attorney who is passionate about families and is familiar with the Court you will be appearing before. To speak with John M. Milazo or Misty D. Parks of the Williamson County firm of Milazo Law, P.C. located in downtown Franklin, for your free initial consultation please call (615) 599-7719 of Contact Us Here to leave a message that will be returned shortly.

Many factors will be considered by the Court when determining if an Order of Protection is appropriate in a particular situation.

  • The relationship of the parties,
  • Other pending litigation,
  • The seriousness of the allegations,
  • How recently the allegations are to have occurred,
  • Children of the parties and even pets of the parties.
  • Support to be paid to the victim and children if applicable.

John M. Milazo and Misty D. Parks, are attorneys with over 38 years combined representing people, both seeking and defending Order of Protection matters offers free initial consultations to determine if your situation is one where an Order of Protection is appropriate. For a consultation to speak with John M. Milazo or Misty D. Parks please call us at (615) 599-7719.

Order of Protection Franklin TN

An Order of Protection (often referred to as a Restraining Order, Temporary Restraining Order or a Protection Order) is an Order which restricts or totally eliminates a violent or dangerous person from contacting or coming about his or her victim for one year. An Order of Protection will only be granted in certain situations where the parties are in a specific type or relationship that is domestic in nature.

  • People who are married or used to be married.
  • People who live together or used to live together.
  • People who have a child together.
  • People who are dating, used to date, or have had sex ( same sex does apply).
  • People who are relatives, related by adoption or are or were in-laws.
  • People who are the child or children of the alleged abuser.
  • People who have been stalked by the abuser.
  • People who have been sexually assaulted by the abuser.
  • Limited other relationships may apply.

To speak with an attorney who is aggressive and will strive to help you and your kids, call John Milazo or Misty D. Parks of Milazo Law, P.C. to determine if your relationship with the abuser in question qualifies. For a free initial consultation call us at (615) 599-7719.

Order of Protection Attorney Columbia Tennessee

The Court should only issue an Order of Protection if a person can demonstrate that they reasonably fear for their safety and are not only seeking to gain an advantage in a Divorce, Child Custody, Dependency and Neglect or other related court matter. This fear may result from physical abuse or may be from emotional abuse stemming from recurring abusive language, especially of a threatening nature. Unfortunately, all to often, the real victims are scrutinized closely because there are many people who abuse the power of an Order of Protection and who will lie under oath to seize that power. An experienced lawyer who is familiar with the Court in your area and who routinely appears on behalf of Domestic Violence victims can help you protect yourself and your child or children, by:

  • First, completing the necessary documents throughly and without unnecessary and sometimes distracting information.
  • Next. your Petition will be submitted to a Judge to determine if the Court will issue a Temporary Order of Protection. This is called an Ex Parte Order of Protection, which means that the Court temporarily Issues an Order prior to hearing from the other side.
  • A trial on the merits of your Petition will then be heard within fifteen days.
  • In some cases such as where the abuser has violated the Order of Protection at some point, the Court will extend the Order of Protection.

True victims of Domestic Violence are motivated only by fear and any relief granted by the Court which benefits them is merely a byproduct of the malfeasance of the offending party. It is unfortunate but this process is often exploited by parties seeking to use the Order of protection, especially the initial temporary Order of Protection granted without a hearing to gain an advantage in another matter. The negative consequences of an Order of Protection can include:

  • In a Contested Divorce, with or without kids involved, a party who has received an Order of Protection may have exclusive possession of the marital residence and the other party cannot go home.
  • Being banned from their house sometimes blocks their access to certain evidence that may be necessary to properly assert their position in a Contested Divorce. Also, without even filing a Divorce or Child Custody petition, the Court, will grant the Petitioner, Custody and both Child Support and support similar to Spousal Support.
  • The Respondent cannot own or possess a firearm even for sporting or hunting purposes.
  • A handgun carry permit will be revoked.
  • The Respondent may find that his or her employment may be negatively impacted.
  • Security Clearances may be withdrawn or not be renewed.
  • Other, unrelated custody matters of other children may be impacted by this incident.
  • Travel outside of the United States may be impacted.
  • For Non-United States Citizens, their immigration status could be impacted and even prevent future citizenship.

At the Franklin, Tennessee, law firm of Milazo Law, P.C. John Milazo has helped many people both obtain as well as defend an Order of Protection. An Order of Protection can be destructive when utilized for the wrong purpose, but hat does not mean that it is not necessary in many situations. If you are afraid for your safety or the safety of your children, do not hesitate to get help obtaining an Order of Protection. Victims of Domestic Violence may contact Bridges of Williamson County, a Domestic Violence Shelter who will give you and your children a place to stay and provide for your basic needs. Bridges will also help you obtain an Order of Protection, although they are not Lawyers and cannot offer legal advise. If you need help obtaining or defending an Order of Protection, you may call (615) 599-7719 for your free initial consultation with John Milazo or Misty D. Parks to see how the experience and skill of an attorney who is passionate about serving families can help you help your family.