K.O. Herston

Firm/Organization: Herston Law Group, PLC
Blogs: Herston on Tennessee Family Law

Latest Articles

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Facts: When the parties divorced, their parenting plan provided for equal parenting time and designated Mother as the primary residential parent. Later, Father petitioned to modify the parenting plan because of Mother’s mental health, including suicidal threats and psychiatric hospitalizations, and other allegations of harmful acts by Mother. The trial court entered a temporary restraining order limiting Mother to supervised visitation. Later, the trial court modified the temporary restraining order to expand Mother’s supervised visitation time.…
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Facts: Father and Mother are the parents of three children. They lived in Arizona. In 2015, Father accepted a job requiring him to be overseas for two or three years. They agreed Mother and the children would move from Arizona to Clarksville, Tennessee while Father was overseas. Shortly after moving to Tennessee, Mother told Father she wanted a divorce. The parties were divorced by an Arizona court. The Arizona divorce court approved an agreed parenting plan…
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This article by Yuki Noguchi at National Public Radio is interesting. Keeping Money Secrets From Each Other: Financial Infidelity On The Rise When Ann and Ed Coambs met 15 years ago, she was impressed that he had his financial act together: He owned a house, had a job and managed his budget. But years later, after they married, Ann learned something that shocked her: Ed had secretly taken out debt and hid it from her…
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Facts: Mother and Father are the never-married parents of Child. After the trial court established paternity, it approved their agreed parenting plan. Three and a half years later, Mother withheld Child from Father’s court-ordered visitation and refused to communicate with him. Father moved to compel visitation. One week later, Mother moved for a restraining order preventing Father from having any contact with Mother or Child because of disclosures of sexual abuse Child made in a forensic…
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Facts: Mother and Father are the never-married parents of Child. 1 ½ months after Child’s birth, Father petitioned for a parenting schedule and to change Child’s last name. The only evidence regarding Father’s name-change request was this testimony from Father: Q: Okay. Why are you asking for your son’s name to be changed? A: Because my son is a Flynn. You can look at him and compare pictures to when I was a kid. My son…
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Remember when I told you Rule 34 was being amended to require that objections to requests for production of documents state the specific reasons for objecting, and whether responsive materials are being withheld per the objection? Remember when I told you—twice—this change would be effective July 1, 2019? Well, it turns out the effective date was contingent on Tennessee’s General Assembly doing its damn job. Guess who hasn’t been showing up to work?…
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Facts: Before the marriage, Husband owned two large tracts of land used for farming. After the parties married, they built the marital residence on one of Husband’s premarital properties, a 197-acre tract. While Husband added Wife to the farm’s credit line and his previously separate checking account, he did not add her to either deed. Husband and Wife deposited their income into a joint account used to pay their personal and business expenses, including Husband’s mortgage…