Child Custody

Memphis Child Custody Lawyer helping families navigate custody issues in divorce, prioritizing the best interests of children with personalized legal representation.

Understanding the legal landscape is crucial when navigating a child custody case in Tennessee. Whether you’re going through a divorce, separation, or seeking custody for the first time, this guide will help you understand the key elements of child custody, the court process, and how a skilled attorney can assist you in securing the best outcome for you and your child.

What is Child Custody?

Child custody determines the legal and practical relationship between a parent and their child. It involves decisions about where the child will live, who makes important life decisions for the child, and how much time the child will spend with each parent. In Tennessee, child custody is split into two types:

Physical Custody: Where the child physically resides.

Legal Custody: Who has the authority to make decisions about the child’s upbringing, including education, healthcare, and religious matters?

Tennessee courts always prioritize the child’s best interests when determining custody arrangements. This means that various factors will be considered, including the child’s needs, the parent’s ability to provide for those needs, and the existing relationship between the parent and child.

Types of Child Custody in Tennessee

Joint Custody: Both parents share physical and legal custody of the child. This arrangement encourages active involvement from both parents in the child’s life.
Sole Custody: One parent has both physical and legal custody, while the other parent may have visitation rights.
Split Custody: This occurs when there are multiple children, and each parent has custody of one or more children.
Temporary Custody: Sometimes awarded during the divorce or separation process to establish a stable environment for the child until a permanent decision is made.

The Child Custody Process in Tennessee

The child custody process begins with filing the appropriate forms in family court. If both parents can agree on a custody arrangement, the process is usually straightforward and resolved through mediation. However, if there is a disagreement, the court will intervene to make a decision based on the child’s best interests.

Key steps in the custody process include:

Filing for Custody: Either parent can file a petition for custody in the appropriate court.
Mediation: The court may require both parents to attend mediation to try and reach an agreement without going to trial.
Court Hearing: If mediation fails, the case will proceed to court, where both parents present their arguments, and the judge makes a final decision.
Custody Evaluation: In contested cases, the court may order a custody evaluation to assess each parent’s home environment, parenting ability, and relationship with the child.

Factors the Court Considers

Tennessee courts consider several factors when determining child custody, including:

The child’s emotional and physical needs.

The stability of each parent’s home environment.

The child’s relationship with each parent.

Each parent’s ability to provide for the child’s needs.

The child’s preference, if they are of sufficient age and maturity.

Why You Need a Child Custody Lawyer

Navigating the child custody process can be overwhelming, especially if the case is contested. Having a skilled child custody lawyer on your side can significantly affect the outcome. An attorney will:

Help you understand your rights and responsibilities.
Represent your best interests in negotiations and court.
Assist with gathering evidence and presenting a strong case.
Ensure that all legal procedures are followed correctly.

Child custody matters can be emotionally draining and legally complex. At Douglass & Runger, we are dedicated to helping parents navigate these challenges with confidence. Whether you’re seeking custody, modifying an agreement, or facing a custody dispute, our experienced attorneys are here to help.

The court considers several factors, including the child’s emotional and physical needs, the stability of each parent’s home, the relationship between the child and each parent, and the parents’ ability to provide for the child. The court may also take into account the child’s preference, depending on their age and maturity.

Joint custody means that both parents share responsibility for the child, either by splitting physical custody or sharing legal decision-making authority. Sole custody, on the other hand, grants one parent full custody rights, with the other parent possibly receiving visitation.

Yes, a child custody agreement can be modified if there is a significant change in circumstances that affects the child’s best interests. This can include changes in the parents’ living situation, employment, or the child’s needs.

Domestic violence is a critical factor in custody decisions. If one parent has a history of domestic violence, the court will take steps to ensure the safety of the child and may limit or restrict that parent’s custody rights.

While it is not legally required to have a lawyer, having an experienced child custody attorney can significantly improve your chances of securing a favorable outcome. A lawyer can guide you through the legal process, represent your interests, and help you avoid costly mistakes.

During separation, the court may issue temporary custody orders to ensure the child’s stability. These orders can include temporary physical custody, visitation schedules, and child support arrangements until the divorce is finalized.

Avoid making negative comments about the other parent, being uncooperative, or focusing solely on your own needs. The goal of mediation is to reach a fair agreement that serves the best interests of the child, so focus on constructive communication and compromise.