Custody battles rank among the most emotionally challenging aspects of divorce or separation. You’re not just dividing assets or negotiating financial terms. You’re making decisions that will shape your child’s future and your relationship with them.
Many Franklin parents feel overwhelmed by custody matters. Legal custody, physical custody, and primary residential parent or alternate residential parent are terms that sound confusing when you are stressing about your family’s future.
At Durak Law, our Franklin child custody lawyers see parents every day who want to protect their children’s best interests. They also want to preserve meaningful relationships with their kids.
This guide will clarify the difference between legal and physical custody and explain how Franklin courts make these decisions. This will help you understand what to expect.
Understanding Child Custody in Franklin, TN
Tennessee law defines child custody through two main components. Courts must determine where children will live and who will make important decisions about their lives.
Franklin courts operate within the jurisdiction of Williamson County. They follow Tennessee statutes and established legal precedents when making custody determinations.
Every custody decision revolves around one central principle: the child’s best interests.
This standard guides judges through complex family situations. Courts examine multiple factors before determining custody arrangements that serve children’s physical, emotional, and developmental needs.
What Is Legal Custody?
Legal custody gives you the right to make major life decisions for your child. These decisions include:
- Educational choices
- Medical care
- Religious upbringing
- Extracurricular activities
Tennessee recognizes two types of legal custody arrangements:
Sole legal custody means one parent holds the final decision-making authority. This arrangement typically occurs when parents cannot communicate effectively or when one parent has been absent from the child’s life.
Joint legal custody requires both parents to collaborate on major decisions. Courts prefer this arrangement when parents can work together despite their personal differences.
Joint legal custody works well when parents live near each other and maintain respectful communication.
Sole legal custody may become necessary when parents have a history of conflict or when one parent has substance abuse issues.
What Is Physical Custody?
Physical custody determines where your child lives and who provides daily care. In Tennessee, the courts identify two roles:
- Primary Residential Parent (PRP): The parent with whom the child spends most nights.
- Alternate Residential Parent (ARP): The parent who has scheduled visitation or parenting time.
Franklin courts aim to maximize meaningful time with both parents whenever possible. That means even if one parent is designated the PRP, the ARP usually gets regular and consistent parenting time.
Think about a school year schedule. Your child may live mostly with you during the week but spend alternating weekends with the other parent. Courts consider summers, holidays, and special occasions when determining parenting time.
How Courts in Franklin Decide Custody
Tennessee courts examine multiple factors when determining custody arrangements. The judge will look closely at:
- The stability of each parent’s home and living arrangements.
- The strength of the child’s relationship with each parent.
- Each parent’s ability to provide for the child’s emotional and physical needs.
- Any history of abuse, neglect, or substance abuse.
- The child’s preference, if the child is mature enough to express it.
Each factor matters because it gives the court insight into your child’s well-being.
Judges may combine legal and physical custody arrangements in many ways. A parent may hold sole legal custody while both parents share physical custody. Other cases may result in joint legal custody, but one parent is designated the PRP.
The outcome depends on the specific facts of your family’s situation.
Parenting Plans in Franklin Custody Cases
Tennessee requires a Parenting Plan in every custody case. The plan must outline key details, and the court must review it.
Your Parenting Plan needs to include:
- Which parent is the PRP and ARP
- Who holds legal decision-making authority
- A detailed schedule of parenting time, including holidays and school breaks
The court can modify a Parenting Plan if it does not serve the child’s best interests.
These plans reduce conflict. They also give children a predictable schedule, which promotes a sense of security. Parents in Franklin, TN, should collaborate when drafting them. If you cannot agree, the court will make the decision.
Why the Distinction Matters for Parents
Understanding the difference between legal and physical custody can have a significant impact on your daily life.
Legal custody impacts your ability to participate in important decisions about your child’s future.
Physical custody determines your child support obligations. The PRP typically receives child support payments to help cover housing, food, clothing, and other daily expenses.
These distinctions also influence future custody modifications. Courts require substantial changes in circumstances before modifying existing custody orders.
Legal custody arrangements can change if a parent’s communication improves or deteriorates over time. Physical custody modifications often require evidence that the change serves the child’s best interests.
How a Franklin Family Law Attorney Can Help
Handling a custody case without legal guidance can jeopardize your parental rights. An experienced Franklin family law attorney can explain how Tennessee law applies to your specific situation.
At Durak Law, our skilled legal team helps clients understand the difference between legal and physical custody in practical terms. Our child custody attorneys in Franklin will advocate for your rights during negotiations with your co-parent.
If your case goes to court, legal representation becomes even more valuable.
Drafting an effective Parenting Plan requires legal knowledge and practical experience. We help parents create comprehensive plans that protect their relationships with their children while meeting court requirements.
Protecting Your Role as a Parent in Franklin, TN
Legal custody gives you authority over big decisions. Physical custody determines where your child lives. Together, they define your role as a parent after divorce or separation.
Both matter because they shape your child’s future.
At Durak Law, we understand how much is at stake. We are committed to protecting your parental rights while supporting the best interests of your child.
If you have questions about custody in Franklin, contact us today at (629) 210-0866. We are ready to guide you every step of the way.
