Capps & Byrd LLP Capps & Byrd LLP 2026-05-07T18:26:01Z https://www.cappsbyrdlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604528/2024/03/cropped-site-icon-32x32.png On Behalf of Capps & Byrd LLP <![CDATA[3 steps for resolving a boundary dispute with a neighbor]]> https://www.cappsbyrdlaw.com/?p=48011 2026-04-19T19:39:09Z 2026-04-19T19:39:09Z 1. Review the legal description Every deed includes a legal description of the parcel rather than the improvements erected upon it. The legal description can help people clarify the exact placement of a boundary between two parcels. However, sometimes one deed’s legal description is inaccurate. Other times, the technical language used in those descriptions confuses people instead of clarifying the situation. When that occurs, the support of a real estate professional may be necessary.

2. Hire a surveyor

Surveyors are real estate professionals trained to measure parcels and establish boundary lines. They have special tools that help them determine the exact placement of the boundary between parcels, and they can place a marker that can help guide any future planned improvements for the parcels, such as a boundary fence that may have triggered the disagreement. In cases where one property owner doesn't accept the surveyor’s conclusion or where they proceed with their plan to erect improvements over the boundary line, legal action may be necessary.

3. Ask the court for assistance

Disputes related to boundaries may require the intervention of a civil court judge. Judges can correct inaccurate legal descriptions and title records. They can update records so that there is no question about where the boundary actually falls after reviewing deed information and surveyor reports. They can also issue injunctions that either prohibit the installation of improvements across the boundary line or order the removal of improvements, such as fences erected over the boundary line. A real estate attorney can assist with every stage of the process, from reviewing the legal description and contracting with a surveyor to filing a petition for a hearing in civil court. Knowing how to handle a boundary dispute can prevent it from causing permanent damage to neighborhood dynamics or the loss of property value.]]> On Behalf of Capps & Byrd LLP <![CDATA[Is your child safe around dogs?]]> https://www.cappsbyrdlaw.com/?p=47988 2025-05-28T18:05:42Z 2025-05-28T18:05:42Z Being a parent in Tennessee means always looking out for your kids. You teach them about crossing the street, eating healthy, and being kind. But what about dog safety? It can be tricky to know how to keep your children safe around dogs, especially when some owners aren't as careful as they should be.

Recognizing dangerous dog behavior

All dogs have the potential to bite, but recognizing signs of aggression can prevent incidents. Look for these warning signs:
  • Growling or snarling
  • Baring teeth
  • Raised fur on the back
  • Stiff body posture
  • Intense staring
These behaviors indicate a dog might feel threatened or aggressive. Teaching children to recognize these signs can help them stay safe.

Spotting a negligent owner

Sometimes, the risk comes not from the dog itself, but from an irresponsible owner. Here are signs of negligence:
  • Dogs off-leash in public areas
  • Failing to properly restrain a dog, allowing it to run at large
  • Ignoring local laws about muzzling certain breeds
  • Allowing dogs in restricted areas like some parks
These behaviors put everyone at risk, especially children. If you see these issues, it's okay to speak up or report them to local authorities.

What to do after a dog bite

If a dog bites or attacks your child, it's essential to act quickly:
  • Seek medical attention: Even if the bite seems minor, see a doctor.
  • Report the bite: Contact your local animal control.
  • Gather information: Get the owner's name, contact information and the dog's vaccination records, if possible.
  • Document everything: Take photos of the injuries and keep records of medical bills and other expenses.
  • Contact an attorney: A Tennessee attorney experienced in dog bite cases can help you understand your rights and options.
Dog bites can lead to severe physical and emotional scars. Taking legal action can hold negligent owners accountable and help you get compensation to cover medical bills, therapy and other damages. Understanding the signs of dangerous dogs and negligent owners can empower parents to protect their children. However, if the worst does happen, know that you have rights and there are remedies to help your family cope with serious injuries and difficult recoveries.]]> On Behalf of Capps & Byrd LLP <![CDATA[Are child wishes considered in Tennessee divorce?]]> https://www.cappsbyrdlaw.com/?p=47985 2025-05-05T17:42:22Z 2025-04-30T17:41:49Z Types of custody in Tennessee Tennessee offers several custody arrangements to best meet the child's needs. Parents can opt for sole custody or joint custody, where both parents share time and decision-making responsibilities. The child usually lives with the primary residential parent, while the alternative residential parent has visitation rights. Even if a parent does not have primary custody, they still play a vital role in the child's life. Courts emphasize active involvement from both parents whenever possible. In cases involving unmarried parents, custody initially defaults to the mother unless the father files a petition to establish his rights.

Considering the child's wishes

Tennessee law recognizes the importance of considering a child's preferences. Judges can consider the reasonable preference of a child aged twelve or older. Younger children may also express their wishes if the court deems it appropriate. However, the child's preference is only one factor among many that the court evaluates. During a custody hearing, the court reviews various elements to determine the best interests of the child. These factors include the child's relationship with each parent, stability in their living environment, and any mental health concerns. The court also assesses each parent's ability to meet their responsibilities and considers any history of domestic violence or abuse.

The role of custody hearing

Custody hearing is crucial in shaping a child's future. Both parents present evidence and testimony to support their claims for parental rights. The court may issue temporary custody orders to ensure stability during the proceedings. The judge will approve a permanent parenting plan, which outlines custody rights, parenting time, and other aspects of the child's upbringing. Navigating these hearings can be emotionally challenging. Parents should seek guidance from experienced family law attorneys to ensure they understand their rights and responsibilities. Legal professionals can provide valuable insights and help negotiate agreements that prioritize the child's well-being. Tennessee courts do consider a child's wishes during divorce proceedings, but they balance this with other factors to determine the best custody arrangement. Parents should approach custody decisions with a focus on their child's needs and seek legal support to better understand this complex process.]]> On Behalf of Capps & Byrd LLP <![CDATA[Bicycle safety: Protecting yourself on Morristown roads]]> https://www.cappsbyrdlaw.com/?p=47983 2025-04-01T15:40:32Z 2025-04-01T15:40:32Z Safety tips before you head out Bicyclists are particularly vulnerable, with even minor collisions potentially causing serious injuries. Wearing the right gear isn't just about comfort – it could save your life. Here are essential items:
  • Wear a properly fitted helmet that meets Consumer Product Safety Commission standards. Replace it every five years or immediately after a crash.
  • Choose bright yellow, red, orange or blue clothing that contrasts with your environment, making you more visible to drivers.
  • Use front white and rear red lights, even during daylight hours, to increase your visibility to motorists.
  • Choose sturdy gloves that protect your hands from road rash during falls while improving your grip on handlebars.
  • Use clear or tinted cycling glasses to shield your eyes from debris, insects and sun glare.
Taking these precautions reduces your risk of an accident and serious injury.

Sharing the road with others

Having the right equipment is crucial, but you must also understand how to interact safely with others while riding. Remember these important tips:
  • Follow traffic laws: Obey all street signs, signals and road markings just as you would when driving a car.
  • Signal your intentions: Use proper hand signals to communicate with drivers around you when turning or stopping.
  • Stay alert: Watch for potholes, debris and car doors that might suddenly open in your path.
  • Ride predictably: Avoid weaving or making sudden movements that could confuse drivers about your intentions.
  • Limit distractions: Don’t use headphones and put your phone away while riding to maintain awareness of your surroundings.
Remember that your behavior affects not just your safety but everyone around you.

Seeking compensation after an accident

While bicyclists must follow the same rules as motorists, you also have the same rights to compensation when someone else's negligence causes your injury. Even if you were partially at fault, Tennessee law allows you to recover damages if you were less than 50% responsible. Time is critical after an accident. Tennessee's one-year statute of limitations gives you a narrow window to file a claim. A personal injury lawyer can help gather evidence, document your injuries and negotiate with insurance companies while you focus on recovery. Having a skilled attorney can be the difference between receiving fair compensation and being left with mounting medical bills and lost wages.]]> On Behalf of Capps & Byrd LLP <![CDATA[What are the benefits of divorce mediation?]]> https://www.cappsbyrdlaw.com/?p=47982 2025-02-20T20:18:14Z 2025-02-20T20:17:14Z How the process works In Tennessee, courts often require mediation before litigation. Divorce mediation offers a structured but flexible way to reach agreements with your spouse. A neutral mediator helps guide discussions about dividing assets, creating parenting plans and resolving other divorce-related issues. The typical mediation process includes:
  • Initial consultation to explain the process
  • Gathering financial documents and information
  • Identifying key issues to address
  • Negotiating agreements on each issue
  • Reviewing and finalizing settlement terms
  • Having attorneys review the agreement
When successful, mediation helps couples reach mutually acceptable solutions while maintaining control over decisions affecting their future. This approach often costs less and creates less conflict than going to court.

Informed consent: The central concept

Informed consent is crucial in mediation. It means you fully understand the process and agree to participate. Some of the key aspects of mediation include:
  • Voluntary: You can leave the process at any time.
  • Collaborative: All parties work together to find solutions.
  • Controlled: You have the power to accept or reject proposals.
  • Confidential: Discussions remain private, fostering open communication.
  • Impartial: The mediator remains neutral, providing a balanced process.
These elements ensure that mediation is conducted fairly and transparently, allowing you to make informed decisions.

Protecting your interests

Through mediation, many couples find a less costly, more dignified path to ending their marriage while preserving their ability to co-parent effectively. However, while mediation works well for many, situations involving domestic violence, substance abuse, hidden assets or an unwilling spouse often require traditional court proceedings. A skilled divorce attorney can help evaluate whether mediation suits your circumstances by reviewing agreements, identifying legal issues, protecting your rights and guiding you through court if necessary.]]> On Behalf of Capps & Byrd LLP <![CDATA[3 complicating factors in a truck accident]]> https://www.cappsbyrdlaw.com/?p=47981 2025-01-31T15:29:28Z 2025-01-31T15:29:28Z 1. Injuries are likely to be more extensive Semi trucks can weigh up to 80,000 pounds when fully loaded, dwarfing the average 4,000-pound passenger car. This massive size disparity often leads to severe injuries or fatalities for occupants of smaller vehicles. Common causes of truck accidents include driver fatigue, improper loading and mechanical failures. If you're in a truck accident, prioritize your safety and health. Call 911, seek medical attention even if you feel fine, and document the scene if possible. Gather contact information from witnesses and the truck driver but avoid discussing fault or making statements to insurance companies without legal counsel.

2. Establishing fault may be tricky

Determining liability in a truck accident is often complex. Truckers must follow federal regulations governing hours of service, vehicle maintenance and cargo loading. Trucking companies are responsible for properly hiring, training and supervising drivers. Third-party mechanics or loading crews may also share blame for accidents caused by equipment failure or shifting cargo. Pressure to meet tight deadlines sometimes leads truckers to violate safety rules. However, passenger car drivers can contribute to accidents by lingering in a truck's blind spots or cutting off large vehicles that need more time to stop. Investigators must consider all these factors when assigning fault.

3. Calculating compensation is challenging

Truck accident victims may be eligible for compensation, including current and future medical costs, lost income, emotional stress and property damage. In fatal accidents, families may pursue wrongful death claims for funeral costs and loss of financial support. Tennessee follows a modified comparative negligence rule, which reduces compensation by the victim's percentage of fault. If you're found more than 50% responsible, you can't recover damages. This makes building a strong case demonstrating the truck driver's or company's liability crucial. Multiple parties and insurance companies are often involved in truck accident settlements. The trucking company, the driver, cargo owners and vehicle manufacturers may all play a role. Each entity typically has its own insurance and legal team looking to minimize payouts. Given these complex factors, working with attorneys with experience handling truck accident cases is vital. A skilled truck accident lawyer can navigate the web of regulations, identify all liable parties and negotiate effectively to pursue fair compensation for victims.]]> On Behalf of Capps & Byrd LLP <![CDATA[Do you know your parental rights under Tennessee law?]]> https://www.cappsbyrdlaw.com/?p=47979 2024-12-31T23:43:57Z 2024-12-29T16:44:59Z Often, for any number of reasons, parents don’t share custody of their child equally after divorce. This could be because one parent is living some distance away or because a parent simply doesn’t have the time or ability to be a parent on their own for this much time. That doesn’t mean, however, that the parent with less parenting time doesn’t have rights. Unless there’s a history of violence or abuse, nearly every parent is granted certain rights under Tennessee law to allow them to remain part of their child’s life. Let’s look at a few.

Telephone contact

The law gives parents the right to have “unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations” when their child is with their other parent. That includes video calls.

Medical records and notifications

Unless a custody order prohibits it, both parents have the right to their child’s “medical, health or other treatment records directly from the treating physician or healthcare provider” even if one parent doesn’t have medical decision-making rights (often known as “legal custody”). Further, parents must notify their co-parent if the child suffers a serious illness or injury, is hospitalized or dies “as soon as practicable but within twenty-four (24) hours” and give the child’s medical providers their co-parent’s contact information if they don’t have it.

School and other educational records

Parents typically have the right to “receive directly from the child's school any educational records customarily made available to parents.” They also have the right to “access and participation in the child's education on the same basis that are provided to all parents.” Note that even when parents share custody of a child equally, one parent may still try to interfere with the other parent’s legal rights. That’s why it’s crucial that all parents who are no longer together know what their rights are. Having experienced legal guidance can help a parent understand, protect and assert their rights.]]> On Behalf of Capps & Byrd LLP <![CDATA[Property division in a Tennessee divorce: 3 key questions]]> https://www.cappsbyrdlaw.com/?p=47977 2024-10-25T20:17:26Z 2024-10-25T20:17:26Z Who owns your property? The first step in the process is to classify the property as either marital or separate. The distinction between these types of property is crucial because the court will only divide marital property during the divorce process. Marital property includes most of the assets and debts that both of you acquired after your wedding. You and your spouse both have a claim on this property, no matter whose name is on the title. Separate property, on the other hand, refers to anything one spouse owned before the marriage, inherited individually, or received as a personal gift during the marriage.

How much is your property worth?

Knowing how much your property is worth can help you ensure that you receive a fair portion of your shared assets. Valuation is typically based on the fair market value of the property at the date of separation. This step is especially important for significant assets like real estate, businesses or complex investments, which often require professional appraisal.

How much does each spouse receive?

While both spouses have a claim on the property they acquired during their marriage, this does not mean that they will both receive an equal share. In Tennessee, the court will work toward an equitable or fair division of property. A fair outcome will factor in a variety of details, including the contributions each spouse made to the household during the marriage and their financial situation after divorce. The specific property you own after the divorce depends on your specific situation. For example, you might choose to keep the family home and let your spouse take more of the savings. In other situations, one spouse might take more of the retirement savings because the other has more income and can rebuild their savings more easily. Given how complex dividing property can be, it is a good idea to talk to a family law attorney. An attorney can give you advice suited to your situation, help protect your rights, and make sure you meet all legal requirements. Divorce is a challenging process, and the division of property can be one of the most contentious parts of it. Asking the right questions can help you make informed decisions during property division.]]> On Behalf of Capps & Byrd LLP <![CDATA[Responding to children’s questions about divorce]]> https://www.cappsbyrdlaw.com/?p=47975 2024-10-21T20:13:15Z 2024-10-21T20:13:15Z go through this transition.

Common divorce questions from children

Children often have many concerns during a divorce. These questions reflect their confusion and need for reassurance. Here are some of the things they typically ask about:
  • Will Mom or Dad still love me?
  • Why don’t you love each other anymore?
  • What happened to cause the divorce?
  • Did I do something to make this happen?
  • Will we have to move?
  • Will I still see both of you?
  • Are we still a family?
  • Who will take care of me now?
  • Why didn’t you tell me sooner?
  • Can we go back to how things were?
These questions highlight the need for understanding and comfort. Addressing them thoughtfully can help ease their anxiety.

How should I respond?

When addressing your children’s concerns, consider these points:
  • Be honest yet age-appropriate: Tailor your explanations based on their age and maturity. Younger children need simple answers, while older ones may require more details.
  • Listen actively: Let your children express their feelings and thoughts without interruption. Acknowledge their emotions, whether it’s sadness, anger or confusion.
  • Avoid blaming: Refrain from speaking negatively about the other parent. Instead, focus on the fact that both parents still love them.
  • Reassure them: Remind them that they are not the cause of the divorce and that both parents will continue to support and love them.
  • Encourage communication: Urge your children to express their feelings to both parents. This can help them feel heard and understood.
  • Maintain routines: Keeping a sense of normalcy can provide comfort. Regular schedules and activities can help children adjust to changes.
Parents must strive to put aside their differences and work together during and after a divorce. Being on the same page helps provide a stable environment for your children. Collaborative parenting can ease tensions and ensure both parents are present and supportive. This unity shows your children that, despite the changes, their well-being remains a top priority. Remember, even though the marriage ends, the family continues. Always consider how your actions impact your children. Your approach can significantly influence their ability to adapt and thrive.]]> On Behalf of Capps & Byrd LLP <![CDATA[Why driving for work can mean riskier behaviors]]> https://www.cappsbyrdlaw.com/?p=47473 2024-01-30T01:39:23Z 2024-02-02T01:37:27Z Time constraints and tight schedules The demands of a workday often translate into tight schedules. Workers may cut corners and engage in risky behaviors such as speeding or rolling through stop signs to meet deadlines. The constant race against the clock can create a sense of urgency, leading to impulsive decisions that may compromise safety.

Inadequate training and knowledge gaps

Employees may not always receive comprehensive training on safe driving practices. Insufficient knowledge about traffic rules, proper vehicle maintenance and defensive driving techniques can contribute to risky behaviors. Without the necessary skills and understanding, workers may unknowingly engage in actions that put themselves and others at risk on the road.

Distractions and multitasking

The modern work environment is rife with technological distractions. Drivers on the job may feel the temptation to answer emails, make calls or use GPS applications. This diverts their attention from the road. The pressure to multitask can lead to lapses in concentration, delayed reaction times and an increased likelihood of accidents.

Fatigue and exhaustion

Long hours on the road can lead to fatigue and exhaustion, impairing a driver's ability to make sound decisions. Fatigue can mimic the effects of alcohol on the body, slowing reaction times and diminishing cognitive function. Workers, attempting to meet demanding work expectations, may underestimate the impact of fatigue on their driving abilities, resulting in an increased risk of accidents. Recognizing these factors is important for employers and employees to implement strategies prioritizing safety and mitigating potential dangers.]]>