If you and your partner decide to divorce or separate in Franklin, Tennessee, you will need to address several issues, including parenting time, child support, and child custody. However, the divorce or separation and custody battles can affect every member of your family, especially your children. That is why you need to hire a skilled Franklin child custody lawyer.
A skilled lawyer can help you alleviate misunderstandings and resolve differences. Your lawyer will help improve communication with your former, reduce your stress, and help you better understand family law. Having a skilled lawyer by your side can help you find a resolution more quickly and improve your chances of winning custody.
If you are looking for a child custody lawyer in Franklin, TN, do not hesitate to contact Durak Law. At Durak Law, our Franklin child custody lawyers know your children are the most important part of your life. We have the experience, skills, and tools to help you fight for the custody arrangement you desire. We will put our skills to work for you and your family.
Contact us today at (615) 812-2829 for a FREE initial consultation with our experienced and knowledgeable Franklin family law attorney.
Introduction to Child Custody
Child custody is the heart of family life during and after a divorce or separation. If you and your partner decide to separate or divorce, the custody arrangement will define who your children will live with and how major decisions will be made. The custody arrangement can affect everything, including your children’s daily routines and even big life moments.
A custody battle can be very tough. However, the process is about what is best for the child. Courts take custody battles seriously. That is why you need to take it seriously too. You must focus on building a stable, loving environment for your child’s growth.
What Are the Different Types of Custody?
When you hear the term “custody”, you probably assume it only means who the child lives with. However, there is more to custody than just who the child lives with.
Here are the different types of custody:
Physical Custody vs. Legal Custody
Physical custody defines where a child will live on a daily basis and the parenting time schedules. Legal custody, on the other hand, defines who will make the major decisions for your child. So, if you have legal custody of your children, you will be responsible for making decisions on things, such as healthcare, education, and religion.
You can have physical custody. So, your child will live with you. However, you can share legal custody with your ex-partner. This means you will both make decisions together. Additionally, one parent could have both types of custody. The other parent, on the other hand, will have none.
Joint Custody vs. Sole Custody
Joint custody means both parents share responsibilities for raising their children. If you and your ex-partner want to stay involved in your child’s life, joint custody is a common setup. You and your ex-partner will make decisions on key issues on behalf of the child.
Sole custody, on the other hand, gives one parent the primary role. Therefore, the parent could have sole legal custody, sole physical custody, or both. For example, if the court determines that one parent is not fit or suitable to care for the child due to issues, such as drug abuse or addiction, they can grant sole custody to the other parent.
What is the Legal Framework for Child Custody Decisions?
In family law court, the court will consider what is best for the child. So, what is best for the child? It is a simple question. It can, however, get complicated. You will need to look at all the factors to determine the child’s best interest.
Best Interests of the Child Standard
The child’s “best interests” guide courts in every custody case. The judge will look at a variety of factors, such as the stability of each parent’s home, the child’s age, the emotional needs of the child, and the ability of the parent to provide for the child. They also consider the parent’s work schedule and the child’s relationship with each parent.
State-Specific Laws and Considerations
Child custody laws vary from state to state. Some states may have a preference for joint custody. However, other states are more likely to award sole custody to one parent. In Tennessee, however, the law encourages frequent and meaningful contact between the child and both parents unless there is a good reason otherwise.
However, the specifics of how the court decides on child custody depend on the family’s unique circumstances. It is, therefore, very important to understand the local laws and how the local courts interpret them. That is why you need strong legal representation with a Franklin child custody lawyer.
What is the Child Custody Process?
The process of determining custody can be a challenging and emotional ordeal. With our years of experience, our Franklin child custody lawyers have realized that if you know what to expect, you will feel more prepared.
Here is the child custody process in Franklin, TN:
Filing for Custody
The first step is filing for custody in family court. You will submit the paperwork. The paperwork explains your relationship with the child and your desired arrangement. You will also need to explain why you think this is the best option for your child. You need to include detailed information about your proposed custody plan.
It is a simple process. However, it can feel overwhelming, especially if this is your first time dealing with legal paperwork. We, therefore, highly encourage you to get help from a good Franklin child custody lawyer.
You can contact us through (615) 812-2829 to speak with our Franklin child custody attorney.
Custody Mediation
You do not have to go directly to the court. Your child custody lawyer can help you work things out through mediation. If you and your ex-partner are struggling to communicate and you want to avoid a full-blown courtroom battle, you will need strong legal representation.
Mediation can keep you in control of the outcome. You and your ex-partner can craft a solution that works for your family. So, you will not leave the outcome in the hands of the judge. It is faster and cheaper than going to court. A knowledgeable Franklin child custody lawyer knows how to make peaceful and fair negotiations.
Custody Evaluation
If mediation does not work, the court may order a custody evaluation. A professional, such as a social worker or a psychologist, will have to evaluate each parent’s environment and parenting abilities. They can even speak with family members and teachers.
The evaluator will, then, make a recommendation to the court. The evaluator recommends what type of custody arrangement would be in the best interest of the child. The recommendation is not final. It, however, carries a lot of weight.
Court Hearings and Orders
If you and your ex-partner cannot come to an agreement, the custody battle moves to court. You and your ex will argue your case. You will, therefore, get a chance to present evidence and call witnesses. The judge will listen to both sides before making a decision. The decision will be based on the child’s best interest.
Once the court makes a ruling, it becomes a legally binding custody order. The document will outline the custody arrangement and can include things, such as physical and legal custody, visitation rights, and more.
If you violate this order, you could face legal consequences. It is, therefore, important to follow it closely. That is why it is important to have an experienced Franklin child custody lawyer on your side to help you to understand what the expectations are, and how best to handle conflicts.
Are There Any Special Custody Considerations?
Some custody issues will need extra attention. If, for example, you want to adjust a current order or move to a new city, these issues can make things more complex.
Here are some of the special custody considerations you should know:
Relocation Issues
Moving to a new location can be tricky, especially when it comes to custody. For example, if you want to move with your child, you will need the other parent’s consent or a court’s approval. Why? Because relocating can affect the child’s routine and the other parent’s visitation rights.
That is why the courts will look at the reason for the move. They want to make sure it is in the best interest of the child. The court must balance the parent’s need for a fresh start with the child need’s for stability and time with both parents.
Modification of Custody Orders
Custody arrangements can change, especially if there is a significant change in the child’s life. For example, if a parent becomes unfit, there is a change in the child’s needs, or one parent moves, then a modification might be necessary.
How do you modify an order? You will need to file a request with the court. And you will need to give reasons why the change is necessary. If you are moving to a new area, the court will have to adjust the custody arrangement to make sure the child’s best interests are still being met. Contact a knowledgeable Franklin child custody lawyer to assist with this.
Paternity and Custody
If you are a father and not married to the mother of your child, the first step is to establish paternity. Establishing paternity can help you gain custody or visitation rights. If you do not have legal paternity, you will not have any rights at all. Once you establish paternity, you can now seek custody or visitation.
Our Franklin child custody lawyers are aware that this can be an emotionally challenging issue. Contact us in order to handle it with the utmost sensitivity for all parties involved.
How Do We Navigate Child Custody and Visitation Plans?
A strong parenting plan is one of the most important steps toward a successful custody arrangement. The plan should outline the basics of where the child will live and when they will see each parent. It should also outline how parents will handle day-to-day responsibilities.
Developing a Parenting Plan
Creating a parenting plan should map out your child’s future. And your parenting plan should be detailed. It should cover everything, such as who will handle school drop-offs and how holidays will be split. If you can make your plan more detailed, there will be less room for conflict in the future.
Visitation Rights
Visitation is also one of the most important parts of custody arrangements. This is especially true if one parent has primary physical custody. The court usually aims for “reasonable” visitation. This allows the non-custodial parent to get time with the child. The court makes sure the arrangement works for both parents and the child.
How Do We Deal with Conflict and Enforcement?
Conflicts are almost inevitable, especially if the parents are no longer together. However, how you handle conflicts can make a big difference in how your child will adapt to the new life.
Here is how to deal with conflict and enforcement:
Handling Custody Disputes
Disputes are very common because emotions are running high. However, they do not have to turn into a war. You can find success through mediation or negotiation. You will, therefore, need to stay focused on what is in the best interest of your child. An experienced Franklin child custody lawyer knows how to accomplish a peaceful agreement between parties.
Enforcing Custody Orders
If one parent violates the custody order, the other parent can take legal action. For example, if one parent keeps the child longer than allowed or refuses visitation, legal action might be necessary. You can file a motion with the court to enforce the order. The court may impose penalties, such as fines. They can even modify the custody arraignment.
If you find you having troubles or need to modify an existing child custody order, contact a seasoned Franklin child custody lawyer. They have the experience that is needed in situations like this and can ensure that the appropriate actions are taken.
What is the Role of a Franklin Child Custody Attorney?
If you want to navigate the complexities of family law and custody law in Franklin, TN, then a child custody attorney is crucial. A Franklin child custody lawyer will guide you, represent your interests, and help you make informed decisions.
Advocacy and Representation
Custody battles can be emotionally charged. It can, therefore, be challenging to remain calm and rational. Your lawyer will act as a buffer. Your lawyer will advocate for your rights, and keep the process as smooth as possible. Franklin child custody lawyers know the legal system inside and out. They will ensure you do not make the common mistakes.
Navigating Complex Custody Issues
Some custody cases are straightforward. However, other custody cases are more complex. For instance, if one parent is accused of abuse or if there is an international custody dispute, an experienced Franklin child custody lawyer knows how to navigate these complexities. Your lawyer will protect your parental rights.
Contact an Experienced Franklin Child Custody Lawyer Today to Handle Your Child Custody Case
Child custody matters are complex. You will need to understand family law and custody laws to handle your child custody case. You, therefore, need to understand the types of custody, and factors that influence custody decisions, and use effective communication and legal resources to navigate the custody process.
We, however, highly recommend retaining the services of an experienced and knowledgeable Franklin child custody lawyer. Your lawyer will guide you throughout the whole process, answer your questions, and even talk to your ex-partner on your behalf. Having strong legal representation can increase your chances of getting a positive outcome.
Looking for a reputable Franklin child custody lawyer? At Durak Law, we are ready to help you navigate the complexity of custody disputes in Franklin. We are committed to providing personalized legal representation and protecting our clients’ parental rights. We will make sure the custody arrangement serves your child’s best interests.
Contact us today at (615) 812-2829 to discuss your custody concerns with our Franklin child custody lawyer.
