When parents go through a divorce or separation, determining child custody arrangements can be one of the most emotionally charged and complex aspects of the process.
In Tennessee, courts prioritize the best interest of the child above all else, and securing full custody can be a challenging endeavor. If you’re seeking full custody of your child in Tennessee, it’s important to understand the legal process, the factors the courts consider, and how to build a compelling case.
Call our child custody lawyer today to schedule a consultation by calling (615) 812-2829.
What Does “Full Custody” Mean?
The term “full custody” is not a legal term in Tennessee, but it is sometimes used by judges and lawyers to describe a child custody situation where one parent has both physical and legal custody of a child, called ‘Sole Custody’.
Legal custody gives the parent the authority to make major decisions about the child’s upbringing, such as education, healthcare, and religious practices. Physical custody means the child lives primarily with one parent.
Even in full custody arrangements, the other parent may still be granted visitation rights unless there are extenuating circumstances, such as abuse or neglect.
Tennessee’s Standard: The Child’s Best Interests
Tennessee courts base custody decisions on what is in the “best interests of the child.” This standard prioritizes the child’s physical and emotional well-being above all else. If you’re seeking full custody, you’ll need to demonstrate that having sole custody aligns with your child’s best interests.
The court will consider various factors when determining custody, including:
- The child’s relationship with each parent.
- Each parent’s ability to provide for the child’s needs (emotional, physical, and educational).
- The stability of each parent’s home environment.
- The child’s preference, if they are old enough to express a reasonable preference (usually 12 years or older).
- Evidence of abuse, neglect, or substance abuse by either parent.
- Each parent’s willingness to foster a positive relationship between the child and the other parent.
Steps to Pursue Full Custody in Tennessee
Getting full custody requires preparation, evidence, and a thorough understanding of the legal process.
Here’s a step-by-step guide:
1. File a Petition for Custody
To initiate the process, you must file a custody petition with the court. This is typically done during divorce proceedings or as part of a standalone custody case if the parents were never married. The petition outlines your request for full custody and the reasons why you believe this arrangement is in the child’s best interests.
2. Gather Evidence
To convince the court to grant you full custody, you’ll need strong evidence demonstrating why it’s the best option for your child. Some examples of evidence include:
- Documentation of Parental Involvement: Records showing your involvement in your child’s life, such as attending parent-teacher conferences, medical appointments, and extracurricular activities.
- Proof of a Stable Environment: Evidence of a safe and stable home, such as photos of your home, testimony from character witnesses, or proof of financial stability.
- Concerns About the Other Parent: Evidence of neglect, abuse, or behavior that could endanger the child’s well-being, such as police reports, medical records, or witness statements.
3. Prepare a Parenting Plan
Tennessee law requires a parenting plan in all custody cases. Even if you are seeking full custody, you must outline a proposed plan for visitation or how the other parent will remain involved in the child’s life, unless there are significant safety concerns.
The parenting plan should include:
- A proposed residential schedule for the child.
- Decision-making responsibilities for the child’s education, healthcare, and other important matters.
- Provisions for dispute resolution if disagreements arise.
4. Demonstrate Your Parenting Skills
The court will evaluate your ability to provide for your child’s needs, both emotionally and physically. Demonstrate that you are an active, responsible, and loving parent by:
- Keeping detailed records of your daily involvement in your child’s life.
- Showing that you can meet the child’s basic needs, such as housing, food, and healthcare.
- Highlighting your willingness to support the child’s emotional development.
5. Work with an Experienced Attorney
Child custody cases can be legally complex and emotionally charged. An experienced family law attorney can help you navigate the process, build a strong case, and advocate for your child’s best interests in court. They can also ensure you understand Tennessee’s specific custody laws and prepare you for any challenges you may face during the case.
Common Challenges in Seeking Full Custody
While seeking full custody, it’s important to be aware of potential challenges that may arise, such as:
- Parental Alienation: Accusations that you are attempting to undermine the child’s relationship with the other parent.
- False Allegations: The other parent may make false claims about your parenting to weaken your case.
- Bias Toward Shared Custody: Tennessee courts often prefer shared custody arrangements unless there is a compelling reason to grant full custody to one parent.
An attorney can help you address these challenges and ensure your case is presented effectively.
Situations Where Full Custody Is More Likely
Tennessee courts may be more likely to grant full custody in cases where:
- The other parent has a history of abuse, neglect, or substance abuse.
- The other parent is unwilling or unable to provide a stable environment.
- There is clear evidence that full custody is in the child’s best interests due to the child’s unique needs or circumstances.
The Role of Mediation and Court Hearings
Before a court hearing, parents may be required to attend mediation to try to resolve custody disputes. If mediation is unsuccessful, the case will proceed to a court hearing, where a judge will evaluate evidence and make a custody determination.
Securing Full Custody: Protecting Your Child’s Best Interests in Tennessee
Securing full custody of a child in Tennessee is a challenging process that requires careful preparation, strong evidence, and a focus on the child’s best interests. By understanding the legal requirements and working with an experienced family law attorney, you can build a compelling case to protect your child’s well-being.
At Durak Law, we’re here to guide you every step of the way. Contact us today by calling (615) 812-2829 for expert legal advice and support in your custody case.
