Child custody is one of the most important and emotionally charged aspects of family law. It affects the lives of both parents and children, as decisions made in these cases can impact a child’s well-being, emotional growth, and future.
If you are going through a divorce, separation, or have concerns about your child’s living arrangements, understanding the process of child custody in Tennessee is crucial. An experienced Franklin child custody lawyer knows the ins and outs of the Tennessee child custody process.
In Tennessee, the courts prioritize the best interests of the child when making custody decisions. We will walk you through what you need to know to seek child custody in Tennessee, including the types of custody available, the legal requirements for filing, and how the court evaluates each case.
1. Types of Child Custody in Tennessee
Custody determines how parents will be involved in their child’s life. The different types of child custody in Tennessee include:
- Legal Custody: refers to the right to make major decisions regarding the child’s life. This includes decisions about the child’s education, healthcare, and religious upbringing. A parent with legal custody has the authority to make these decisions, whether jointly with the other parent or solely.
- Physical Custody: this stipulates where the child will live and how much time they will spend with each parent. It focuses on the day-to-day care of the child, including the residential arrangement and visitation schedule.
- Sole vs. Joint Custody: Courts generally prefer joint custody, which means both parents share legal and/or physical custody. However, sole custody may be awarded if there are extenuating circumstances that make joint custody unworkable, such as abuse or neglect. Sole custody typically means one parent has both legal and physical custody, while the other parent may have visitation rights.
2. Legal Requirements to File for Custody
Before you can file for child custody in Tennessee, there are several legal requirements to consider:
- Residency Requirement: To file for custody in Tennessee, the child must have lived in the state for at least six months before the filing. This ensures that Tennessee courts have jurisdiction over the case.
- Filing a Petition: Only certain individuals can file for custody. Typically, this includes the child’s parents, but in some cases, guardians or even grandparents may be eligible to file for custody if they have an established relationship with the child.
- Filing Venue: The petition must be filed in the county where the child resides or, if there is an existing custody order, in the county where that order was originally issued. It’s important to file in the right jurisdiction to avoid delays or complications.
3. The “Best Interests of the Child” Standard
Tennessee courts determine custody arrangements based on the “best interests of the child” benchmark. This means that the court will evaluate several factors to decide what living arrangement is best for the child’s physical, emotional, and mental well-being.
The factors the court may consider for child custody in Tennessee include:
- The child’s relationship with each parent: Courts look at the bond between the child and each parent, as well as the level of involvement each parent has had in the child’s life.
- The stability of each parent’s home environment: A stable, safe, and nurturing environment is critical to the child’s development.
- Each parent’s ability to meet the child’s emotional and physical needs: The court will evaluate each parent’s ability to provide for the child’s daily needs, including their health, education, and overall welfare.
- Willingness to support the child’s relationship with the other parent: Courts prefer parents who encourage the child’s relationship with the other parent, as it benefits the child to maintain strong relationships with both parents.
- Any history of abuse, neglect, or substance abuse: If there is any evidence of harm to the child, whether physical or emotional, the court will take this into account when making its decision.
- The child’s preference: Depending on the child’s age and maturity, the court may consider their preference about where they wish to live.
- The mental and physical health of each parent: The court will assess each parent’s ability to care for the child, which includes their physical and emotional health.
4. The Role of the Permanent Parenting Plan
In Tennessee, a Permanent Parenting Plan is required in all custody cases involving minor children. This plan outlines the custody arrangement and provides detailed guidelines for parenting responsibilities.
It must address:
- Residential schedule: Who the child will live with and when the child will spend time with the other parent.
- Decision-making authority: Who has the authority to make decisions regarding the child’s education, healthcare, and other important matters.
- Child support: The amount of child support that one parent may be required to pay to the other parent.
- Dispute resolution: How disputes between parents will be resolved, whether through mediation, court, or another method.
The court will use this plan as the framework for how custody and co-parenting arrangements will function. It’s important for parents to work together to create a fair and comprehensive plan that serves the child’s best interests.
5. Evidence That Can Strengthen a Case for Child Custody in Tennessee
When seeking child custody in Tennessee, presenting strong evidence can make a significant difference in the outcome. Evidence that may help your case includes:
- School and medical records: These show your involvement in the child’s education and healthcare.
- Documentation of involvement in the child’s life: Keep records of any activities or events that show your active participation in your child’s life, such as attending parent-teacher meetings or extracurricular activities.
- Witness statements: Teachers, coaches, and other caregivers who can speak to your role as a parent may provide valuable testimony.
- Clean criminal and financial record: A history free of criminal activity and financial stability shows your ability to provide for the child.
- Stable housing and employment: Courts will look for parents who have a stable living situation and steady income to support the child.
6. Situations Where Custody May Be Challenged
Child custody in Tennessee can be challenged under various circumstances, including:
- Allegations of abuse or neglect: If either parent is accused of mistreating the child, the court will take this seriously and may reevaluate custody.
- Substance abuse or criminal activity: Parents with a history of drug use, alcohol abuse, or criminal behavior may find it difficult to retain custody.
- Frequent relocations or an unstable home life: A lack of stability in a parent’s home life may influence the court’s decision.
- Failure to comply with court orders or parenting plans: Courts expect parents to follow existing custody orders. Non-compliance can result in modifications or loss of custody.
7. Temporary Custody Orders
In some cases, the court may issue temporary custody orders during a divorce or separation. These orders are meant to provide structure and ensure the child’s well-being while the case is pending.
Temporary orders may influence the court’s final decision regarding child custody in Tennessee, as they provide insight into the child’s current living situation and the parents’ ability to co-parent.
8. Modifying Custody After an Order is Issued
Custody arrangements can be modified if there has been a material change in circumstances, such as a parent moving to a different area, changes in work schedules, or the introduction of a new spouse.
However, the change must serve the best interests of the child. To modify custody, a parent must file a petition with the court, presenting evidence of the change and how it impacts the child’s well-being.
Consult With An Experienced Family Lawyer To Understand the Requirements to Get Child Custody in Tennessee!
Gaining child custody in Tennessee requires understanding the types of custody, the legal requirements to file, and the court’s focus on the child’s best interests. The court will consider numerous factors to determine the most suitable custody arrangement, so it is essential for parents to be well-prepared and focused on the child’s welfare.
If you are navigating a child custody dispute or seeking to modify an existing order, contact Durak Law in Franklin, TN, for guidance and support. Our experienced family law attorneys can help you understand your rights, advocate for your child’s best interests, and guide you through every step of the process. Call us today at (629) 210-0866 to book an appointment.
