McKellar & Easter, Attorneys at Law We protect what's most important
Contact Us For A Free Telephone Consultation

Knox County Law Blog

The presumption of paternity and its importance

Children in Tennessee are born into many different family situations. They could be born to parents who are married to each other or to parents who are separated or never together in the first place. In any of these situations it is clear who the mother of the child is, but determining the father of a child may not be immediately clear. The situation the child was born into determines whether there is a presumed father or not though.

In instances where a child is born during the course of marriage, or within 300 days after the marriage ends, the husband is presumed to be the father of the child. In situations where a child is born out of wedlock, then a man is presumed to be the father if he consents in writing to being named on the birth certificate or signs a form acknowledging that he is the father of the child. A man is also the presumed father if genetic testing demonstrates that there is a 95% or greater probability that he is the father. There are a number of other ways to establish paternity.

Should you consider collaborating on your divorce?

Divorce is difficult for every member of the family, and many couples strive to reduce the challenges and conflicts typically involved with this process. There are many practical ways to make divorce easier, and that is to avoid litigation. Collaborative divorce could be an option for some Tennessee couples who want a better way to walk through this process.

Collaborative divorce is not the ideal choice for everyone, but it could be the right option for you if you want to maintain more control over the terms of your final order and keep your divorce out of court. This is an attractive option, but it is prudent to first carefully weigh the benefits and implications of every major divorce-related decision you make.

Distracted driving causes many accidents in Tennessee

The advances made in phone technology has quickly made Tennessean's easier and more convenient. There are so many things that people can do on their phones that used to require a trip to the store or putting something in the mail. Also, it has made getting to new locations much easier, as most phones have GPS capable of giving turn-by-turn directions while driving. The phones now also allow people to communicate with others at any time and in any location that the person has service.

The things phones can do make life easier and more convenient, although they can also be very distracting. People can constantly be looking up something on a website or texting other people to stay in communication with them, even when they are trying to complete another task. There are situations where this is not appropriate, though, and others when it is very dangerous to do so. The human eyes can only really focus on one thing at a time. So, if individuals are looking at their phones, then they are not looking at what is going on around them. This makes using a phone especially dangerous when people are driving.

Tennessee's enhanced DUI penalties

There is nothing wrong with having a drink from time-to-time. However, people can make poor choices after they have had too many drinks. Sometimes these mistakes can be social in nature, such as embarrassing oneself at a company party or saying things to a friend that one may regret later. These types of mistakes may have social consequences, but they are not illegal. However, there are other decisions that people make which can have serious legal consequences.

One of these decisions is drinking and driving. People who are caught doing this may face jail time and lose their driver's license for a period of time. The penalties increase when an individual has multiple DUIs as well. However, even a first time DUI conviction could have enhanced penalties depending on the circumstances.

There are options for people who owe taxes

The deadline is fast approaching for people in Tennessee to file their taxes. Some people may look forward to this time of year if they receive refunds from the IRS, but this is not true for many others. Many individuals will owe taxes when they file their tax returns or may owe taxes for past years. It is not a fun experience to owe taxes to the IRS, though, as they are the most powerful collection agency and generally make sure that they get what people owe.

However, in certain circumstances the IRS is willing to work with people so they can pay the tax debt that is due. There are multiple options that the IRS offers for repayment, such as installment agreements, but sometimes it gets to a point where a person simply will not be able to pay the taxes they owe, even over time. In these situations, an individual may be able to enter into an Offer in Compromise with the IRS.

What is considered statutory blindness for SSDI?

There are many things that people in Tennessee take for granted when they are healthy. People who are able to walk, use their arms and hands, and see and hear normally generally do not think about how difficult life would be if they lost one of these abilities. However, there are many individuals who are disabled and do not have these normal capabilities. These people still need to live their lives, but it can be much more difficult. They often have to find alternative ways to do things others take for granted.

These disabilities can affect nearly every aspect of life, including the ability to work. This means that many of these people cannot earn an income. Those who find themselves in this situation may be entitled to receive social security disability (SSDI) benefits, though, which can provide significant financial relief. However, those seeking these benefits need to go through medical testing to determine if they meet the federal requirements for a disability and are thus eligible to receive these benefits. In general, a claimant must have a disability that is long-term and prevents him or her from working.

Know which type of disability benefits could be right for you

Tennessee readers may know there are two main types of disability benefits available through the Social Security Administration: Supplemental Security Income and Social Security Disability Insurance. If you are unable to work because of a medical condition, you could be eligible for benefits through one of these two programs.

Understanding the differences between these two programs could help you understand more about the benefits to which you may be eligible and how to have a successful claim. Before you apply, it can be helpful to seek a complete evaluation of your case and explanation of the specific options that may be available to you through the SSA.

When can one modify a parenting schedule in Tennessee?

There are many things that change throughout Tennesseans' lives. Many people have plans for where they want to be in five years or 10 years, but oftentimes those plans change. Certain things are not in our control, which can lead to unexpected changes. This is true when raising children as well. Although these issues can affect married and unmarried couples alike, divorced couples may need to modify parenting plans to accurately reflect life's changes.

When divorced parents see their children is oftentimes governed by a parenting plan with a schedule for the parents and children. Ideally the parents can work through changes as they arise, but they may not always be able to come to an agreement. When this is the case, one parent may need to petition the court to modify a parenting plan.

Duty of care depends on person's right to be on property

There are many people who own property in Tennessee. These people generally have a right to do what they want with their property. However, there are some exceptions to this rule. Property owners do have a duty to ensure that people are not injured by dangerous conditions on the property. However, the exact level of care a property owner owes to an individual on his or her property depends on the specific status of the person who has entered onto the premises.

When people go onto another's property they generally fall into one of four different categories: a trespasser, a licensee, an invitee, or a matter of right. An invitee is a person who was invited onto the property. With regard to these individuals, an owner has a duty to use reasonable care to ensure that their guests are not injured. A property owner must also use ordinary care to licensees and social guests on the property. If the person is a trespasser, then a property owner must only refrain from willfully injuring the person trespassing.

Man and woman from Tennessee charged with multiple drug offenses

There are many drug users in Tennessee. Many of these individuals do so legally, though, because they are prescribed medications by a doctor in order to help with certain conditions or to manage pain. However, there are many others who use drugs, even prescription medication, illegally. If people are caught either possessing these drugs or selling them, they can face serious drug charges.

This recently occurred to a man and woman after police executed a search warrant at their home. The police allegedly found pills that appeared to be oxycodone, as well as a small amount of marijuana in one of the individual's cars. The police also allegedly found a scale and a pipe in a juvenile's room. The police stated that in addition to finding the drugs and paraphernalia, they found text messages indicating drug sales.

Experienced. Committed. Respected.

Mr. McKellar was voted by his peers as a “Top Attorney” by Knoxville’s CityView Magazine in its 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017 editions. In 2014, 2015, and 2016, Mr. McKellar was selected as a member of the “Top 100 Trial Lawyers” by the National Trial Lawyers.

Ms. Easter was voted by her peers as a “Top Attorney” in Cityview Magazine for Family Law / Divorce / Child Support in 2012, 2013, 2014, 2015, 2016, and 2017.

Mr. Devore was voted by his peers as a "Top Attorney" by Knoxville’s CityView Magazine for Social Security Disability in 2017. "

  • The National Trial Lawyers | Top 100 Trial Lawyers
  • Your Partner in Practice | KBA Proud member | Knoxville Bar Association
  • Avvo Rating 10.0 Superb
Start Now. Contact Us Today.

Have Questions? We Have Answers.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Knoxville Office
412 Ebenezer Road
Knoxville, TN 37923

Phone: 865-566-0125
Fax: 865-566-0126
Map & Directions

Nashville Office
424 Church Street, Suite 2000
Nashville, TN 37219

Map & Directions

Atlanta Office
Riverwood Center
3350 Riverwood Parkway, Suite 1900
Atlanta, GA 30339

Map & Directions