Understanding Tennessee Courts: How it Works Part 1
I find that most of my clients are as confused about the structure and organization of our court system as I am about the physics of rocket science. While the inner working of a court is a bit hard to follow, I can assure you that it is not rocket science. This is the first part of a series about our courts and a civil lawsuit from the bottom of the totem pole to the top with an occasional interlude in the wonderful world of lawyering. To help my readers understand each step of this meandering trail, I am including a diagram of the courts (Court Diagram) in Tennessee as a guidepost.
One of the least considered yet most important jurisdictions in our state is that of the Juvenile Court. This court is charged with a web of child-related responsibilities that connects to many other kinds of cases. Child support and visitation; child custody (Although, it is as we shall see a misnomer.); legitimation of children; dependent and neglected kids; and unruly or delinquent children. Each of these areas deserve a separate article to explain the issues and court functions of all of these parts. However, for the time being I will just try and outline this Court's duties and powers and save the intricate details for another day/article.
Our legislature has enacted statutes (laws) that give Juvenile Court exclusive original jurisdiction over matter involving persons who are under the age of eighteen years. This means that this Court is where the matters listed above can go first even if there is not marriage of the parents involved. Also, it is important to note that some of these issues cans till be resolved in Juvenile Court even if a divorce has already been filed. As with so much in the law, the answer to where your case should be filed is highly dependent on the unique facts of your case. Having said that, Juvenile Court is designed to be a less expensive alternative to other courts that can quickly respond to child-centered issues.
We have all read in the newspapers about kids charged with crimes who are first dealt with in Juvenile Court and who may be later transferred to the adult justice system. This happens after a hearing to determine whether or not the nature of the offense and the characteristics of the child involved warrant handling as an adult in another forum like Circuit or Criminal Court. One of the biggest confusions is that depending on where you live in our great state, you may not have a Juvenile Court but instead have your kid's case handled in General Sessions Court. While this seems odd, much of the underlying justification for some place being called A or B is that the same rule of law applies equally in either court regardless of its name.
Seek the advice of an experienced lawyer in whom you can place not only your trust, but also that most precious thing: your child's future.
