Navigating the complexities of child custody can be challenging, especially given the specific laws and regulations that vary from state to state. In Tennessee, child custody decisions are guided by the best interests of the child, a standard that prioritizes the child’s welfare above all else.
Tennessee recognizes two main types of custody: legal custody and physical custody.
Legal Custody: This refers to the right to make significant decisions about the child’s life, including education, healthcare, and religious upbringing. Legal custody can be either sole or joint. Sole legal custody means one parent has the exclusive right to make these decisions, whereas joint legal custody means both parents share this responsibility.
Physical Custody: This pertains to where the child will live and the logistics of day-to-day care. Similar to legal custody, physical custody can also be sole or joint. Joint physical custody does not necessarily mean equal time with each parent but rather that both parents have significant periods of time with the child.
In Tennessee, the courts consider several factors to determine what arrangement serves the child’s best interests.
These factors include:
The child’s relationship with each parent: Courts evaluate the emotional ties between the child and each parent.
The child’s preference: Depending on the child’s age and maturity, their preference might be considered.
Each parent’s ability to provide for the child: This includes considerations of stability, continuity, and the home environment.
Mental and physical health of parents: The court assesses the mental and physical well-being of each parent.
History of abuse or neglect: Any history of domestic violence, child abuse, or neglect is heavily weighed
When pursuing a child custody case in Tennessee, it’s essential to follow the proper legal procedures to ensure the best possible outcome for your child. Here’s a step-by-step guide to help you navigate the process.
The first legal step in seeking child custody is filing a petition with the appropriate family court. This petition outlines your request for custody and provides necessary details about the child and the other parent.
After filing the petition, the next step is to serve the other parent with a copy of the petition and a summons. This formal process notifies the other parent of the legal action and their need to respond.
Tennessee encourages parents to work out a parenting plan through mediation. A parenting plan is a comprehensive agreement that outlines custody arrangements, visitation schedules, and decision-making responsibilities. If parents can agree on a plan, it can simplify the court process.
If mediation fails or is only partially successful, the case proceeds to court. During hearings, both parents present evidence and arguments supporting their custody claims. This might include testimony from witnesses, school records, and expert evaluations.
After considering all evidence and evaluations, the judge issues a final custody order. This order details the custody arrangement and is legally binding. Violating this order can result in legal consequences.
Having an experienced child custody attorney can significantly impact the outcome. If you or a friend are searching for a family law attorney in Murfreesboro, then turn to the Law Office of Scott Kimberly.
Murfreesboro lawyer Scott Kimberly specializes in criminal defense, family law, and personal injury. Scott’s reputation for putting clients first is evidenced by numerous client testimonials, years of award-winning customer service, and a 10.0 Avvo rating.