Divorce is never easy, but when children are involved, the emotional and legal complexities multiply. For parents in Franklin, TN, navigating a divorce means not only ending a marriage but also ensuring the long-term well-being of their children. Custody disputes, parenting plans, and child support negotiations can all become points of contention if not handled with sensitivity and legal expertise.
That’s where Durak Law Firm comes in. Based in Franklin and serving families throughout Williamson County, our legal team is experienced in handling divorce cases that involve children. We understand what’s at stake: your relationship with your children, their emotional stability, and your future as a co-parent. Whether you’re pursuing a negotiated settlement or preparing for court, we are here to protect your rights and your family’s future.
Key Issues in Divorces Involving Children
Divorces that involve minor children are more than just legal separations; they’re major life transitions for families. Several critical issues need to be addressed, including:
Child Custody & Visitation
Deciding the child’s primary residence and how parenting time is divided between both parents is often the most emotionally intense part of a divorce. Tennessee refers to visitation as “parenting time,” and the goal is to ensure a stable, supportive arrangement for the child.
Legal vs. Physical Custody
Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious instruction. Physical custody refers to where the child resides most of the time. These can be shared jointly or awarded to one parent.
Parental Relocation
If one parent plans to move—whether for work, family, or a fresh start—this can significantly affect custody arrangements. Tennessee law imposes specific rules when a parent wishes to relocate with a child.
Holiday and Summer Schedules
Custody arrangements must also account for school breaks, holidays, and special occasions. These periods require careful negotiation to prevent future disputes.
At Durak Law Firm, we help clients handle each of these areas with clarity and confidence.
Child Custody Laws in Tennessee
Tennessee family courts are guided by a simple but powerful principle: the best interests of the child. Every custody decision must prioritize what arrangement will most benefit the child’s physical, emotional, and educational well-being.
Joint vs. Sole Custody
Tennessee encourages both parents to remain active in their child’s life. In many cases, the court awards joint custody—both legal and physical. However, if there are concerns such as abuse, neglect, or instability, sole custody may be granted to one parent.
Factors Courts Consider
When determining custody, Tennessee judges weigh several factors, including:
- Each parent’s ability to provide a stable home
- The child’s relationship with each parent
- The mental and physical health of all parties
- Each parent’s past involvement in caregiving
- The child’s ties to school and community
- The child’s preference (if old/mature enough)
At Durak Law Firm, we prepare compelling cases that demonstrate your strengths as a parent and your commitment to your child’s best interests.
Creating a Parenting Plan
Tennessee law requires divorcing parents of minor children to submit a Permanent Parenting Plan as part of the divorce process. This document becomes a court order once approved and outlines each parent’s rights and responsibilities.
What the Parenting Plan Includes
- Residential schedule (weekdays, weekends, holidays)
- Decision-making authority for health, education, and religion
- Conflict resolution procedures
- Rules for communication between parents
- Transportation arrangements
- Restrictions on relocation or travel
Even if you and your spouse agree on many parenting issues, having a clear, legally binding parenting plan can prevent future misunderstandings. If disputes do arise, the plan provides a framework for resolution.
Durak Law Firm helps parents craft effective parenting plans that reflect the child’s needs and promote long-term cooperation.
Child Support Guidelines in Tennessee
Child support is another major component of divorces involving children. Tennessee uses an income shares model to calculate support, which takes into account:
- Both parents’ incomes
- The number of children
- Parenting time allocation
- Health insurance and childcare expenses
- Existing support obligations from previous relationships
What Child Support Covers
- Basic living expenses (food, clothing, shelter)
- Health insurance and medical care
- Education-related expenses
- Extracurricular activities and transportation
Child support must be fair but realistic. It’s not intended to punish the paying parent but to ensure that the child’s needs are met. At Durak Law Firm, we work to ensure that support orders are accurate, enforceable, and based on complete financial information.
We also assist with modifying child support if a parent’s financial circumstances change or if the current arrangement no longer reflects reality.
Helping Children Through the Divorce Process
Divorce affects children differently depending on their age, temperament, and the level of conflict between parents. One of the most valuable things you can do for your child during this time is to minimize stress and uncertainty.
At Durak Law Firm, we not only provide legal advice but also help parents approach divorce in a way that protects their children emotionally. We advocate for cooperative co-parenting, effective communication, and consistent routines.
We can also refer clients to family counselors or child psychologists if additional support is needed. Our goal is to ensure the child’s emotional well-being throughout the divorce process and beyond.
Why Hire Durak Law Firm for Divorce with Children
When your relationship with your children is on the line, you can’t afford to rely on guesswork or generic legal advice. At Durak Law Firm, we offer:
1. Proven Experience
We handle all types of family law cases in Franklin and throughout Williamson County, including high-conflict custody disputes, parental relocation cases, and child support litigation.
2. Personalized Attention
Every family is unique. We take the time to understand your specific goals and challenges so we can craft a strategy that works for you and your children.
3. Strong Advocacy
Whether we’re negotiating a settlement or representing you in court, we fight to protect your parental rights and secure favorable outcomes.
4. Compassionate Support
We know divorce is deeply personal and often painful. Our team offers not just legal guidance but also the support and empathy you need during this difficult time.
The Process: What to Expect
1. Initial Consultation
We start with a confidential meeting to understand your circumstances, including your relationship with your children and your concerns about custody or support.
2. Filing for Divorce
We file a formal petition and may request temporary custody or support orders to protect your rights while the divorce is pending.
3. Discovery Phase
Both parties exchange financial documents and information related to parenting roles, income, and assets.
4. Mediation or Court Hearing
Tennessee courts often require mediation in custody cases. If an agreement can’t be reached, we present your case before a judge.
5. Final Divorce Decree
The court approves your divorce and parenting plan, finalizing all custody, support, and property arrangements.
6. Post-Divorce Modifications
We also assist with enforcement or changes to custody and support if your life circumstances evolve.
Your Children Deserve the Best—So Do You!
Divorcing with children is never simple, but with the right legal team, it doesn’t have to be overwhelming. The well-being of your children—and your role in their lives—should never be left to chance. At Durak Law Firm, we bring a steady hand, legal expertise, and a compassionate approach to every family law case we handle.
If you’re facing divorce with children in Franklin, TN, let us help you protect what matters most. We are here to ensure your voice is heard, your rights are protected, and your children’s best interests are prioritized at every stage. Call Durak Law Firm today (629) 210-0866 to schedule a confidential consultation. We proudly serve clients in Franklin, Brentwood, and all of Williamson County.