Navigating in Tennessee

Our experience has taught us that sometimes there is no choice but to fight for your children. This is never the preferred course, but we have experienced cases in which one parent is so unfit and unreasonable, that there exists no choice but to go into court and argue for the children.  In these cases, we vigorously fight to protect your rights and your children.

Custody Disputes and Parenting Plans

If you have children you must have a Permanent Parenting Plan to determine who is primary residential parent and who is the alternate residential parent.  

Typically, in determining custody, courts will look to the best interests of the child.  Generally, a starting point is that the parent who has provided the majority of care usually is named the primary residential parent regardless of earning capacity.  However, issues such as drug use, criminal history, conduct, stability and fostering a positive relationship with the other parent are all important factors courts consider, and lawyers use to guide their clients.  These factors can impact not just custody determinations, but also visitation schedules. The days of mothers being presumed to be the most fit parent are gone in Tennessee and both parents are held to the same standards.

Parenting plans can be built around anything that works for the children.  We work towards a customized agreement to maximize parenting time for clients with non-standard work schedules (doctors, nurses, police officers, and airline pilots just to name a few).  We also help negotiate a shared parenting/custody plan that splits parenting time approximately equally.

Custody litigation is one of the greatest costs in any divorce, with a guardian appointed for the child and battling experts to testify who is more fit for primary custody. Litigation can also poison the co-parenting relationship and pull the children into the middle of an adult matter.  These are things that we have seen have lasting impacts upon both the parents and the children.  However, sometimes a custody battle is unavoidable — in those cases we work to fight for you and the best interests of your children.

Custody Modifications

In Shelby County, the court can alter custody if there is a substantial change in the children’s “material” circumstances — abuse, problems at school, behavioral problems or a detrimental home environment can all be those changes.  A material change can also come about when the primary parent does not foster a good relationship with the other parent.  If any of these things are found, a court may award sole custody or primary residential parent status to the other parent. Even just a pattern of nonvisitation by one parent can lead to custody modifications.

In some situation, where neglect or abuse has occurred, a court can change custody and/or order treatment for the parent committing the abuse.  The court can also order mental health treatment for the child.  In those circumstances, it is not unusual for there to be a supervised visitation schedule ordered.  Supervised visitation is when the noncustodial parent gets to spend time with the child, but only under the supervision of a third party.  Sometimes this is a paid third party, such as the Exchange Club, and other times it is another family member. 

Relocation

Relocating more than 50 miles from the other parent requires notice to the other parent and may require court permission if a parent objects after notice.  The court considers, among other things, the amount of parenting time the parents currently have, the child’s ties to the present area and the reasons for the move. Is the custodial parent relocating for vindictiveness or other selfish reasons? Or has the parent found a better job, a better school for the child or is remarrying? You need a strong and experienced advocate for any contested custody proceedings.