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Archive for the Juvenile Category

Child Custody and a “Material Change”

I deal a lot with parents who get themselves in trouble with the Department of Children’s Services.  While I do not represent DCS, I often represent either one of the parents or the child(ren).

Once custody of a child vests with someone else, the parent(s) must show that there is a “material change in circumstances” to get the child back.  That is not the parent going “Look, I”ve kicked the habit.  Now give ‘em back!”  This is what a lot of these parents (and some attorneys) think it is.

A “material change” in circumstance has to do with a change relating to the person(s) the child is actually placed with.  So mom being off Crack isn’t enough for mom to get the kids back.  Something actually has to happen in regards to where the child has been previously placed by the court.

Here’s a recent Tennessee Court of Appeals case that discusses the topic of “material change” in detail.

Issues with sex?

In both criminal court and juvenile court, I have to deal with people’s charges or allegations related to sexual misconduct.  The government criminalizes it and even sets up registries for those guilty of certain crimes.  Sometimes this changes the offenders behavior, but does it really get to the root of the problem?  No, only God can deal with that.

If you struggle with pornography, addiction or other sex oriented problems, one resource that might help you is XXXCHURCH.  If you thought your church was “on the edge”, I doubt its as far out on the edge as XXXCHURCH.  Their mission is to bring the trappings of pornography and sexual sin out into the open so God can deal with it.

If you are struggling with sexual issues, whether these issues are hidden or out in the open, check out XXXCHURCH.  I recommend you do it before you have to talk to an attorney because your sexual issue has gotten you into court.  A life on the Sex Offender Registry isn’t what I would wish on anyone.

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