Child custody is one of the most emotionally and legally complicated aspects of a divorce. Working with an experienced Tennessee Family Law Attorney is crucial to ensure that your rights as a parent are protected. Whether you are seeking joint custody or sole physical custody, it is important to understand the laws of your state and the factors that go into a court’s decision. The best Child Custody Attorney in Knoxville TN will have a thorough understanding of state child custody and visitation laws, as well as how to negotiate a fair custody arrangement. They can help you navigate the legal process, ensuring that all legal requirements and deadlines are met and that you have the best chance of a successful outcome.
When a divorce occurs, the court will decide on custody arrangements. This can be done either through a settlement agreement or, in the absence of one, will go to trial. In both cases, the judge will look at the “best interests of the child.” This means that the judge will consider what type of custody and visitation will best meet the child’s needs.
Physical custody concerns where the child will reside. Parents who share physical custody will have a plan in place that outlines how the child will be moved from home to school and back again. This may be a set schedule or it may be flexible depending on the child’s needs.
Legal custody concerns who will make decisions about the child’s health, education, and welfare. Typically, this will be the primary residential parent. Occasionally, it will be both parents or grandparents. In any case, it will be the person who is considered to have more parenting experience or expertise.
The court will also consider the child’s wishes in a contested case, but only up to a certain age. If a child is 12 or older, they can express a preference as to which parent they would like to live with. The judge will then weigh this information against the other factors in the case and make a decision.
Unfortunately, not all parents are fit to be primary residential parents. A history of domestic violence, drug use, or a criminal record will have a great impact on the judge’s decision. However, a single incident of moral indiscretion or minor legal problem will not affect a court’s decision unless it has a direct effect on the child.
The courts in Tennessee will also consider whether the parent who wants custody has been unfit in the past. This will be determined by examining the child’s behavior, the parent’s behavior, and other factors in the case. A good divorce lawyer can help a client determine what type of evidence is needed to support their case. They can also help a client present the strongest possible argument to a judge. They can even serve as a guardian ad litem if the parents are unable to agree on a child custody agreement.