Shepherd & Long Shepherd & Long 2026-02-10T13:50:13Z https://www.shepherdandlong.com/feed/atom/ WordPress /wp-content/uploads/sites/1304078/2024/05/cropped-fl-shepherd-long-site-icon-32x32.png On Behalf of Shepherd & Long <![CDATA[Can a stepparent seek custody in Tennessee?]]> https://www.shepherdandlong.com/?p=47030 2026-02-10T13:50:13Z 2026-02-10T13:50:13Z When a stepparent may be part of a custody discussion Tennessee law prioritizes a child’s legal parents when it comes to custody decisions. A judge does not consider a stepparent’s role unless a stepparent or legal parent raises the issue in court. When that happens, judges may look at factors such as:
  • The child’s best interests
  • The stepparent’s role as a primary caregiver
  • The length and consistency of the stepparent’s involvement
  • Whether a legal parent is absent or consents
  • Stability and continuity in the child’s daily life
These factors do not guarantee custody or visitation, but they show that stepparents are not automatically excluded from consideration.

How judges evaluate a stepparent’s role

Judges focus on arrangements that support a child’s health, safety and emotional wellbeing. They look at who provides daily care and who helps maintain stability in the child’s life. At the same time, courts protect the constitutional rights of legal parents, which limits a stepparent’s ability to seek custody. As a result, stepparents face higher legal hurdles than legal parents in most cases. Some pursue visitation rather than custody when a strong bond exists. Courts decide these matters case by case, based on evidence rather than assumptions.

Protecting your relationship with your stepchild

Stepparents benefit from legal guidance early, before separation disrupts daily routines. Informal promises rarely protect long-term relationships. Records of caregiving roles, school involvement and daily responsibilities may help explain your role in a child’s life. Some families explore options such as stepparent adoption or negotiated visitation agreements. Each path carries different legal requirements and personal considerations. Planning ahead allows more flexibility and can reduce conflict during divorce. Stepparents play meaningful roles in many families, even though the law favors parental rights. Custody outcomes depend on facts, timing and a child’s specific needs. Learning how the law applies to your situation can help protec]]> On Behalf of Shepherd & Long <![CDATA[Tennessee road safety improved in 2025, but dangers remain]]> https://www.shepherdandlong.com/?p=47029 2026-01-12T17:20:06Z 2026-01-12T17:20:06Z were released. While there were notable improvements, driver behaviors remain a concern. After an auto accident, people who were hurt or lost a loved one should know the catalyst for the collision. This can be a fundamental aspect when deciding how to proceed.

The 2025 road fatality statistics were down compared to previous years

In 2025, there were 147 fewer road deaths than there were in 2024. Overall, there were 1,045 deaths. The reduction came to around 14%. It is believed that the state’s safety campaigns played a role in the improvement. Pedestrian safety improved significantly with fatalities dropping by 10%. This came about despite there being a 3% spike of the number of pedestrian accidents. Motorcycle accidents were static. Even teens and older drivers had fewer collisions. Despite that, there are lingering concerns about the state maintaining the decline. Drivers who engage in reckless behaviors will always be a challenge. Even though the state has taken steps to address the riskier activities such as speeding, distracted driving, and driving under the influence, experts are still remain fearful that the decline will be short-lived and a spike in crashes is on the horizon. The faster a vehicle is going, the greater the impact in a crash. If a driver is speeding, it is harder to stop when the unexpected occurs and the collision is more intense lending itself to greater damage to those involved. Pedestrians and bicyclists are particularly vulnerable in these collisions. Distraction will continue to be a challenge for law enforcement and lawmakers. Since the advent of the smartphone and advanced technology being installed in vehicles, there are more ways for drivers to take their eyes off the road. Even though newer vehicles have safety in mind and can often stop on their own when there is the chance of a crash, that is not a complete failsafe. Younger drivers are particularly prone to speeding and driving distracted not just with a handheld device, but with other young people in the vehicle, or by using onboard systems.

Auto accidents can be life-changing and help can be essential

While it is undoubtedly positive that there was marked improvement in road safety in 2025, that does not mean that the roads are completely safe. Given the ways in which accidents can happen, it is still imperative to be vigilant. Taking steps to remain safe is key, but some crashes cannot be avoided. When there is an auto accident and people are hurt, they could see their lives changed in dramatic ways. In the worst-case scenario, there will be a fatality. Medical costs, lost time at work, the need for extended care, emotional challenges, and more can come up. People need to understand the requirements to file a claim after an auto accident. The circumstances of the accident must be scrutinized, evidence needs to be gathered, medical reports accrued, and responsibility gauged. Insurance companies frequently offer a settlement to preclude a legal filing. The amount might seem sufficient at first, but when all costs are calculated, it is often too little. People should have advice. Since these cases are inordinately complex, it is vital to have professional help to determine how best to move forward.]]> On Behalf of Shepherd & Long <![CDATA[Inconsistent work hours can complicate parenting]]> https://www.shepherdandlong.com/?p=47028 2025-12-05T18:12:07Z 2025-12-05T18:12:07Z Knowing the law is a vital component of a viable plan that will benefit the parents and the child.

Is flexible parenting time an option in Tennessee?

The goal with a parenting plan is to serve the child’s best interests. That includes a safe environment, proper nutrition, medical care, adequate schooling, extracurricular activities, and contact with both parents. In general, the courts will strive to ensure that the parents have equal parenting time. However, that can be made difficult if one or both parents have jobs with inconsistent hours. A nurse might need to work nights, weekends, switch to day shifts, and not know from one week to the next when they will be on duty. With a flexible parenting plan, the parties can agree to allow changes as needed, grant make-up time, and be agreeable in communication, drop-offs, and pickups. When a parenting plan is established, it will say when the child will be with each parent. For example, one parent could have the child during the week; the other parent has the child on weekends. With vacations, holidays, and special occasions, the sides will know which parent will have the child over Thanksgiving and the child’s birthday. The court can put a parenting plan in effect, but that is unlikely to mention every variable that could come into play for one or both parents who have inconsistent work schedules. A best-case scenario is for the parents to come to an agreement on their own and for the court to approve it. This requires the ability to discuss, compromise, and stick to a plan. Some parents simply adjust as they go, but there is no legal recourse if one or both parents does not adhere to the informal plan for parental responsibilities.

Know how to address complex family law situations

A parent who is already dealing with a family law case and is looking toward an uncertain future will want to make sure their child is protected from lingering animosities between parents. If they have a difficult work schedule, they need to know how to create a workable custody and parenting time arrangement, maintain stability, limit conflict, make sure the child is involved with both parents, and that all issues are covered. For these and other family law concerns, it is essential to have a firm understanding of what options are available. Having comprehensive assistance from the outset and when other challenges arise can be essential to reaching a positive outcome for the parents and especially for the children.]]> On Behalf of Shepherd & Long <![CDATA[What to do if you’ve made a mistake in your criminal case]]> https://www.shepherdandlong.com/?p=47027 2025-11-04T22:51:54Z 2025-11-04T22:51:54Z consent to searches that lead to the recovery of incriminating evidence, while others make incriminating statements to the police or others. While one slip-up may be enough for the prosecution to gather enough evidence to convict you, you shouldn’t just throw in the towel because you’ve made a mistake. Instead, you have to find ways to mitigate the risk and protect your interests. But figuring out the path forward after a mistake can be tough. That’s why in this post we want to look at some steps you can take to protect yourself as much as possible after making an error in your criminal case.

What should you do after making a mistake in your criminal case?

It may not seem like it in the moment, but there are steps you can take to mitigate the damage caused by a slip-up. Here are some that you should consider implementing immediately if you’ve made an error in your case:
  • Stop talking: If you know you’ve made a mistake, then you probably have an urge to try to explain it away. Don’t do that. Talking about the problem is probably just going to dig you into a deeper hole that’s harder to get out of. If you feel like you absolutely have to talk about the matter, than do so with your attorney since those conversations are protected. Otherwise, those you speak to can be subpoenaed to testify against you.
  • Focus on the rules of evidence: Just because you’ve done something that’s harmful to your defense doesn’t mean that you’re destined for conviction. By using the rules of evidence, you may be able to block certain evidence from being admitted at trial, which could save your defense. This is especially true if the police violated your constitutional rights. This is something that you can speak to your criminal defense attorney about.
  • Consider alibi evidence: You may be able to successfully combat incriminating evidence by showing that you have an alibi. So, if you have timesheets from your employer or witness testimony that speaks to your whereabouts at the time of the offense in question, then you may be able to write off any harm caused by other incriminating mistakes that you’ve made.
  • Consider your options: In an ideal world, you’d have enough ammunition in your criminal defense to beat the prosecution and secure an acquittal, which would put the matter behind you forever. But if the evidence is simply insurmountable, or there’s too much at risk by taking your case to trial, then it may be a good idea to consider your other options, such as seeking a plea deal. This could be a good option for securing the best outcome possible if you’ve made a mistake that’s destined to lead to conviction if you take your case to trial.

Know how to get a handle on your criminal defense

There are several different ways to approach your criminal defense. Picking the right one can be tough. But by discussing the matter with your criminal defense attorney, you might find that you can mitigate the risk posed by the evidence and protect your future. That’s why now is the best time to analyze the facts and evidence of your case to find the best path forward.]]> On Behalf of Shepherd & Long <![CDATA[3 co-parent life changes that could affect child support]]> https://www.shepherdandlong.com/?p=47026 2025-10-23T15:02:34Z 2025-10-23T15:02:34Z Life after divorce can be unpredictable. Jobs change, households grow and financial responsibilities can shift unexpectedly. When your co-parent faces major life changes, your child support order may no longer be fair or sufficient. Tennessee law allows modifications when circumstances change significantly and permanently. Here are three important factors to consider.

1. Income changes that affect support obligations

A co-parent’s income strongly affects support. Losing a job, reducing hours or taking a lower-paying position may make it difficult to meet the current order. On the other hand, a raise, promotion or new source of income could justify increasing support. Courts require evidence that the change is substantial and ongoing. Pay stubs, tax returns and employment records can demonstrate that the change is real and lasting.

2. Custody changes that raise daily expenses

Child support depends partly on how much time each parent spends with the child. If your child now lives with you more often, daily costs for food, transportation, clothing and school-related needs usually rise. Even small changes in custody or visitation schedules can affect financial responsibilities. Keeping accurate records of parenting time helps show how your child’s care has changed and supports a fair modification.

3. Family changes that influence available resources

Remarriage, additional children or new dependents can reshape a co-parent’s finances. Tennessee law does not automatically include a new spouse’s income. However, courts may consider added responsibilities and how they affect what your co-parent can reasonably provide. These changes may justify revisiting support to ensure it remains fair and meets your child’s needs. Act promptly and document changes carefully. Doing so can make the modification process smoother and more predictable.

Protecting your child’s stability and well-being

Handling support modifications can feel overwhelming. A Tennessee family law attorney can assess whether your situation qualifies as a substantial change, help gather supporting evidence and guide you through the process. Legal guidance can help you focus on your child’s needs while keeping financial responsibilities fair for both parents.]]> On Behalf of Shepherd & Long <![CDATA[Alimony in Tennessee divorce]]> https://www.shepherdandlong.com/?p=47018 2025-09-23T22:17:07Z 2025-09-23T22:17:07Z What is alimony? Alimony is also known as spousal support or spousal maintenance, and it consists of payments from one ex-spouse to the other after a divorce is finalized. These payments are in addition to anything the receiving spouse gets during the property division process. In some cases, the alimony is paid as a lump sum, but alimony commonly comes in the form of scheduled regular payments. Courts don't find alimony necessary in every divorce. When deciding whether alimony is necessary, courts consider a long list of factors, including the income and earning potential of each spouse, their standard of living during the marriage, the length of the marriage, whether the couple has children and any fault either spouse holds for the end of the marriage. Alimony is commonly used in cases involving one spouse who earned a comfortable income and another spouse who earned much less during the marriage--particularly if the lower-earning spouse gave up pursuing a career in order to take care of the couple's home and children. In these cases, the lower-earning spouse may be at a financial disadvantage after divorce. The higher-earning spouse can carry on earning their income, but the lower-earning spouse may need further education or training in order to become financially independent.

Types of alimony

Most Tennessee divorces today are settled out of court by the parties. The spouses are free to create their own alimony agreements in these cases. In those cases when Tennessee courts order an ex-spouse to pay alimony, their orders generally fall under one of three categories:
  • Transitional: This type of alimony order lasts for a specified length of time, and is intended to give the receiving spouse time to become more independent. Generally, this schedule and the amount of the alimony payments cannot be changed unless the parties agree, the court orders a change or the receiving spouse begins living with someone else.
  • Rehabilitative: This is similar to transitional alimony, but it is intended to allow the receiving spouse to have something close to the standard of living they enjoyed during the marriage. Rehabilitative alimony orders can carry on until one of the spouses dies.
  • Periodic: As with the other categories, this type is meant for cases in which it would be difficult or impossible for the lower-earning spouse to have the same standard of living without the income from the alimony. The court can set an end date for the order, or it can continue until the receiving spouse remarries or one of the spouses dies.
 ]]> On Behalf of Shepherd & Long <![CDATA[Where can you find evidence to support your car accident case?]]> https://www.shepherdandlong.com/?p=47016 2025-10-13T11:00:40Z 2025-08-27T01:01:51Z personal injury claim, at a time when you’re coping with the pain and stress associated with the aftermath of your wreck, can be incredibly overwhelming. In fact, you may not even know where to start. That’s why in this post we want to give you some tips for building your personal injury case. By following them and gathering the compelling evidence needed to support your claim, you’ll maximize your chances of winning your case, finding accountability, recovering needed compensation and securing closure. There are several places to look for compelling evidence to build your claim. Here are some of the most crucial:
  • Photographs: Pictures of the accident scene and the surrounding area can paint a picture of how the accident played out. They can show tire marks, traffic signs and signals and vehicle resting positions. All of this can make it clearer that the defendant was responsible for the wreck, and it can help establish the severity of the wreck. Also, don’t forget to take pictures of your injuries. These photos can convey just how bad your injuries are and convince the jury of how much of an impact those injuries have had on your life.
  • Medical records: Even if you establish liability, you’ll only recover damages for the losses that you can prove. Therefore, you’ll need to tell a story not only about the medical care you’ve received, but also about the ongoing treatment you’ll need. Your medical records can help you here.
  • Personal accounts: Your own account of how your accident injuries have impacted your life can be persuasive, thus leading to the recovery of pain and suffering damages. The more detailed you can be here, the better. It’s a good idea, then, to keep a journal that speaks to specific instances that showcase how your accident has negatively affected your ability to enjoy life.
  • Expert opinions: The cause of your accident may be in question, and so, too, can the extent of your damages. In both instances, you may benefit from having an expert or two speak to their opinion on the issue. An accident reconstruction expert, for example, can analyze the evidence to come to a conclusion about how the accident occurred and who is to blame. A medical expert may be able to speak to your prognosis and need for ongoing care.
  • The defendant’s own statements: There’s a chance that the driver who caused your wreck made statements that assumed fault or that were inconsistent. In either case, you may be able to use those statements to your advantage in your case. You might be able to elicit some of these statements through the discovery process, such as when you depose the defendant.
\A successful personal injury case can give you the future that you want and the resources you need to advance your recovery. But these claims aren’t always as straightforward as they may seem. That’s why now is the time to start thinking through how to gather evidence and craft persuasive legal arguments that’ll protect your interests and your future.]]> On Behalf of Shepherd & Long <![CDATA[When custody changes: 3 tips to help kids adjust to modifications]]> https://www.shepherdandlong.com/?p=47015 2025-07-30T20:23:20Z 2025-07-30T20:23:20Z Life as a single or co-parenting parent comes with plenty of challenges. When big changes happen, like a new job, a move or remarriage, it can turn your world upside down. It's easy to get caught up in the chaos, but remember, your kids are feeling it too. Helping them through these transitions should be a top priority. Here are some tips to make it easier.

Get a legal order in place

First, make sure you have a legal order that reflects the new custody arrangements and parenting plans. This is crucial, as any significant changes to parenting time or responsibilities are unenforceable unless you have an approved court order. A clear, updated order gives your kids a sense of stability, protection and support. It also ensures that the changes are in their best interests.

Communicate openly and honestly

Talk to your kids about the changes. Be honest, but keep it age-appropriate. Explain what's changing and why. Let them share their feelings, whether they're happy, sad or scared. Remember, your kids might react differently than they did to the original custody order. They're older now, and circumstances have changed. Give them space to process this new information, and be prepared for them to get angry or act out if they are confused or upset. Anticipating these reactions can help you stay calmer and set healthy boundaries throughout the transition. You can also discuss how things might be different now (perhaps even easier) than when your original custody order was made. For instance, maybe you and your ex aren't as mad at each other. This openness helps children feel involved and informed.

Set a positive example

You can set a strong example by being positive about the custody modifications and changes. Whether it means more time with a different parent, easier schedules or being around other family members, acknowledge that change is hard but not impossible. Highlight any benefits there may be and reassure your child that their parents, extended family, friends and professionals are available to help them adjust. As a parent, you know that things change as kids grow up. While change can be difficult, it is also inevitable. Helping your kids through these transitions not only aids their adaptation but also makes the process smoother for you. Embrace the support available and work together to navigate these changes.]]> On Behalf of Shepherd & Long <![CDATA[5 Steps to take if you’re facing federal charges in Tennessee]]> https://www.shepherdandlong.com/?p=47003 2025-07-14T16:38:16Z 2025-07-14T16:38:16Z Getting charged with a federal crime can feel overwhelming. The stakes are higher than in state court, and the process moves fast. If you live in Tennessee and are facing federal charges, act quickly and learn your rights. Federal charges require a unique approach and a deeper understanding of how the federal system works. Here are the steps you should take, starting with understanding how federal charges differ from state charges and what that means for your case.

1. Understand the difference between state and federal charges

Federal charges involve violations of U.S. laws involving areas such as drug trafficking, wire fraud and weapons offenses. U.S. district courts—rather than local or state courts—oversee these cases. Federal crimes bring harsher penalties. The U.S. sentencing guidelines and mandatory minimums are often applied, and judges have less flexibility when sentencing.

2. Exercise your right to remain silent

If agents from the FBI, Drug Enforcement Administration (DEA) or Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) question you, do not talk. Politely ask for a lawyer and say nothing more. Speaking to federal agents without a lawyer can damage your case. Prosecutors can use anything you say against you later in court.

3. Understand potential penalties

Federal crimes can result in lengthy prison sentences. Some crimes carry mandatory minimums of five, 10 or even 20 years. Your sentence will depend on your criminal history and the facts of your case. Judges follow the U.S. sentencing guidelines for recommendations.

4. Cooperate carefully

Sometimes, prosecutors offer plea deals or ask for cooperation. This might lower your sentence but also bring risks. Do not agree to cooperate without legal advice. Your attorney can help you choose the best course of action.

5. Stay informed and involved

Federal cases move fast. Stay in contact with your lawyer, show up for court and follow all pretrial conditions. Missing court or violating terms can lead to arrest or more severe sentencing.

Final thoughts

Facing federal charges in Tennessee is a serious matter. Prosecutors build strong cases, and sentencing can be unforgiving. The proper legal guidance can change everything. A skilled defense attorney can help you fight the charges and protect your future.]]> On Behalf of Shepherd & Long <![CDATA[How does Tennessee law treat emotional distress claims?]]> https://www.shepherdandlong.com/?p=47002 2025-06-25T19:43:50Z 2025-06-25T19:43:50Z When you experience something upsetting that goes beyond physical injury, like witnessing a loved one’s accident or facing severe emotional trauma, Tennessee law lets you seek compensation for emotional distress. You don’t need a physical injury to make a claim—emotional distress alone can form the basis of your case.

What types of emotional distress can you claim?

In Tennessee, emotional distress claims fall into two main categories. One is negligent infliction of emotional distress, which applies when someone’s careless behavior causes you serious mental suffering. For example, if you witness a close family member suffer a terrible injury and it affects you deeply, that could support a claim. The other category is intentional infliction of emotional distress. This applies when someone acts with intent or extreme recklessness, and their behavior is so unacceptable that it causes serious emotional harm.

What do you need to prove?

For negligent emotional distress, you need to show that the person owed you a legal duty, failed to meet that duty through carelessness, and that this led directly to your emotional suffering. For intentional emotional distress, Tennessee courts require proof that the person acted outrageously, well beyond what society considers acceptable, and did so on purpose or with complete disregard for your well-being.

What evidence supports your claim?

You need strong proof to support your case. Medical records and psychological evaluations can help show the mental toll the event had on you. Personal testimony about how your daily life changed carries weight. Input from family, friends, or mental health professionals can also confirm the emotional impact. These details build a clearer picture of your emotional distress.

Are there limits on emotional distress claims?

Tennessee gives you one year from the date of the distressing event to file your claim. If the incident happened on April 1, 2024, you must file by April 1, 2025. Missing this deadline usually means the court won't hear your case. If someone else's actions left you emotionally shaken, Tennessee law allows you to pursue compensation. When emotional trauma affects your life in real ways, you deserve a chance to hold the responsible party accountable.]]>