James Ferrell honored in Memphis Magazine as a “Five Star Attorney”

We are pleased to announce that our firms principal attorney, James Ferrell, has been selected as a Five Star: Best in Client Satisfaction Wealth Manager in the Attorney Section.

This is a great honor for the firm and for Mr. Ferrell and he would like to thank all of his clients and Memphis Magazine for this great honor.

The full list of selected advisors will be published in an upcoming fall issue of Memphis Magazine. Look for Mr. Ferrell’s listings under the Lawyer/Attorney section.

Facebook, MySpace, and other Online Social Networking and Your Memphis Divorce

With the growing popularity of social networks like MySpace and Facebook, you should be aware of that this is next step up from using Internet search history, online chat logs and email when supporting grounds for divorce.

“It is probable that electronic evidence will not lead to a huge rise in divorce figures but it may certainly make a lawyer’s job easier as people are a lot less careful about what they write in emails than what they write down on paper.”

Consider this case from the UK:

In a recent case involving social networking sites a man, from Newport Pagnell, near Milton Keynes, who had been ordered by magistrates not to contact his estranged wife was jailed for 10 days when he joined Facebook and an automatic “friend request” was sent to everyone on his email contact list, including his ex-wife.”

The Internet is a public resource, and the Ferrell Law Firm stresses to all it’s clients to practice safe and responsible internet usage.  Privacy settings and limited purpose usage of social netowkring will protect your identity and integrity through any important transition in life.

We suggest you read the privacy policy of any social networking site to understand your public exposure.

Here is an article from Mint.edu on How To Protect Your Privacy while social networking.  Also use this information as guide for protecting your children and guiding their usage.

Source of post: Florida Divorce Law Blog post discussing UK: The Citizen posting

Memphis Family Members Provide Child Care

“Grandparents serve as the primary caregivers for about 20 percent of the 11.3 million preschool children with employed mothers, according to data released Thursday by the Census Bureau.

Fathers provide slightly less child care than grandparents, the bureau found. About a quarter of the children under 5 spend most of their time in an organized program like a nursery school, day care or Head Start while their mothers worked.

Whether the mother works or not, relatives regularly provide some regular child care to almost half of the nation’s 19 million preschool children.”

by Tamar Lewin, N.Y. Times Link to Article

Source of post : Family Law Prof Blog

Grandparents’ rights in Memphis, Tennessee

In Memphis, divorce is all too common, many parents choose not to get married, and many children are being raised by a single parent. These are just some of the reasons why in Memphis, and Tennessee as a whole, grandparents’ rights issues seem to be appearing more and more these days. “Grandparents’ rights” is the term used when one or both grandparents are trying to visit their grandchildren or even seeking custody of their grandchildren. Grandparents may be worried about the grandchildren’s health, well-being, or whether the kids are suffering abuse or neglect. Perhaps the kids are not being taken to school on a consistent basis. Maybe the grandparents are just not being allowed to visit their grandkids. Whether you, as grandparents, have the legal right to get involved in the situation will depend on many factors. If you believe your grandchildren may be suffering some type of harm or you have been wrongly prevented from visiting your grandchildren, call the Ferrell Law Firm in Memphis. We can discuss how Tennessee law applies to your situation and make sure the best interests of your grandchildren are being protected.

Law Related Education for Memphis Families

The South Carolina Bar‘s Law Related Education Division has launched LawForKids.org, America’s first stand alone web site dedicated to teaching children about the law. The Site was made possible by collaboration with the Arizona Foundation for Legal Services and Education and an IOLTA grant from the SC Bar. The specific goal of this site is educating children, their parents, communities, and schools to increase their knowledge about youth laws and to encourage law-abiding behavior. You can visit the site by clicking HERE.

Source: South Carolina Family Law Blog

A Checklist for Caring for You Elderly Parents in Memphis, TN

Caring For Elderly Parents

ASSESSING THEIR NEEDS

  • Does your parent need help with grooming, bathing, or dressing?
  • Does your parent need help with housekeeping, shopping, or yard work?
  • Does your friend need help planning or preparing meals?
  • Is your parent unable to drive or get around on public transportation alone?
  • Does your parent need help managing finances and paying bills?
  • Does your parent need help making legal and other important decisions?
  • Does your parent have trouble functioning at home? Would modifications help?
  • Does your parent have trouble with hearing, vision, or memory?

GET PERMISSION

  • financial power of attorney to make financial decisions and pay bills
  • living will to make life-support decisions
  • medical power of attorney to make health care decisions
  • durable power of attorney to make legal decisions
  • access to safe deposit box
  • may choose to be added to deeds and mortgages
  • may need to be added to automobile insurance
  • know the person’s wishes (medical treatments, funeral, finances, etc.)

INFORMATION TO HAVE ON HAND

  • insurance (Medicare / Medicaid number, supplement, other policies)
  • doctors (names, phone numbers, and other contact information)
  • medical history (medications, allergies, conditions, procedures)
  • identification (social security, military ID, driver’s license numbers)
  • address list (friends, neighbors, family)
  • service providers (attorney, financial advisor, clergy, accountant)
  • financial (account numbers, checkbook, investments, tax records)
  • legal (wills, powers of attorney, health care directive)
  • deeds (house, other property, car title, boat title)
  • insurance (life, medical, auto, homeowner’s)
  • household (mortgage, apartment lease, property tax records)
  • vital records (birth certificate, marriage license, divorce decree)
  • final wishes (organ donation, burial, property distribution)

MAKE SURE THAT YOU

  • respect your parent’s independence, even while taking care of them
  • allow your parent to make as many decisions as appropriate
  • have reasonable expectations of what your parent can do independently
  • talk regularly with your parent about their concerns, desires, and frustrations
  • make informed decisions that are in the best interest of your parent’s needs
  • show compassion while you are trying to be efficient and responsible

TAKING CARE OF YOURSELF

  • recognize when you are getting worn out and need a break
  • make use of support groups, family, and other caregivers in your situation
  • take regular breaks to do something enjoyable for yourself

Once you have Assessed Their Needs and collected Information to Have on Hand, we are Memphis Family Lawyers that help you Get Permission from your eldery parents to facilitate their ongoing care. It is important that you have this discussion with your parents before any emergency situtations arise. We encourage clients to have the conversation early because it avoids any resentment or involuntary decisions. By involving your parents in the planning of their long term care, you are strengthening your relationship by giving them the peace of mind. When you Make Sure That You have planned well for their long term needs now, you end up Taking Care of Yourself.

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Should We Accept Credit Cards for Memphis Divorces and Family Law Cases?

This is a question for all of the loyal readers of our Memphis divorce and family law blog.

Should we accept credit cards for divorces and family law matters?

We’ve been asked by several clients lately whether or not we accept credit cards. The answer so far has been no, we don’t accept credit cards for our Memphis divorce or family law clients. However, with so many requests we are contemplating changing our policy so that we can begin to accept credit cards for payment.

What do you think? Give us your opinion and let us know if you feel this is something you’d like to see.

How to Make Shared Custody Work in Your Memphis Divorce

It takes hard work, rules and schedules to make shared custody work when it comes to a Memphis divorce where children are involved. Just because you will be getting a divorce doesn’t mean you won’t have to deal with your former spouse anymore. But with dedication to making sure that the best interest of your children is always the number one priority shared custody can and does work. Just don’t expect it to be easy. 

Steps to Making Shared Custody Work in your Memphis Divorce:

1. Realize that although you and your partner can no longer function as a couple you must continue to function as parents together. Put aside your anger and hurt, and resolve to work together for the good of your child.

2. Expect to have disagreements. After all, you did split up for a reason. When you disagree, try not to do so in front of your child, and try to find a way to compromise. It is too late to hope to change each other. You need to learn to focus on your child together.

3. Talk to the other parent. You and your ex-spouse must find a way to communicate with each other if you are to parent together. If you cannot communicate, you cannot parent effectively as a team.

4. Bite your tongue. Learn not to pursue every argument that comes up. Think of shared custody as a job you must get done. You can’t accomplish your work if you spend all your time arguing.

5. Make a list of rules to follow as parenting partners. For example, no arguing in front of the child, be polite to each other, be considerate of the other person when possible and, most importantly, put your child first.

6. Form some ground rules about things such as bedtime, how much television is allowed, when homework must be done, etc., and follow them in both houses. Having two sets of rules is too confusing for children. Have some rules for yourselves, as well, such as who will wash the child’s clothes, where school and sports equipment will be kept, who will buy clothes, etc.

7. Set up a schedule, and follow it. Sit down with a calendar, and decide where the child will be each day. Write it down, and make sure you both keep a copy. Make a schedule that will be easy to remember and easy to follow. You don’t want it to be different each week.

8. Be flexible. Realize that things are going to come up and changes will have to be made to the schedule to accommodate you, your child and the other parent. The more relaxed and cooperative you both are about this, the easier it will be.

9. Plan out a procedure for requesting schedule changes. For example, all nonemergency changes must be requested at least 24 hours in advance.

10. Consider your child’s feelings. Many children feel strongly about wanting to have one home base, and experts often say that it is best if a child has one place to call home. Do everything you can to make your child feel comfortable.

11. Work around your child’s activities. Don’t make your child miss soccer practice because it is the other parent’s afternoon. Keeping your child involved in activities will help to normalize the situation for him or her.

12. Get help if you need it. It can be helpful to work with a mediator to resolve schedule disputes. It can also be helpful to see a couple’s therapist for help in learning to work together as co-parents.

Tips:
Don’t expect shared custody to go smoothly in the beginning. All of you will have to learn to adjust to it. Be patient with the situation.

If after a while the situation is not working, talk to your attorney about getting the custody situation changed.

Feel good about yourself. By having shared custody you are giving your child access to both parents. Although it may be difficult, it is one of the best things you can do for your child.
Warnings:
If your ex-spouse is or has been abusive, you should rethink shared custody. Keeping your child safe takes precedence over all else.

If you suspect your child has been mistreated by the other parent, you need to contact the police and the local child protective agency.

 Special thanks to divorce and family lawyer Grant Griffiths for this post. His original post can be found here.

Valentine’s Day in Memphis, Tennessee

Enjoy the Memphis Valentine’s Day Guide with your loved ones.

If you have been making plans with a special someone, why not consider a trip Nashville?

We are Memphis Family Lawyers that can assist your family through all stages of life.

When Can Your Child Decide Which Parent He/She Wants to Live With?

One of our most frequently asked questions regarding a divorce here in Memphis or in Mississippi is “When can my child decide who they want to live with after my divorce.”

The answer is 18 (the age of majority). Until a child becomes an adult they may not decide on their own which parent to live with after divorce.

However, under both Tennessee child custody laws and Mississipi child custody laws, if a child is 12 or older the judge may hear testimony from the child (either in court or in chambers) as to the preference of the child. However the judge is not under any obligation to place the child in their preferred home. The preference of the child is merely one factor that the judge will consider in awarding custody to the primary residential parent.

The main consideration that the judge uses to determine custody is the best interest of the child. The preference of the child is only one consideration in determining what is in the best interest of the child. However, if all other considerations are equal then the preference of the child will often times be the tipping point.