Make Your Voice Heard Regarding The Custody Of Your Children
One of the most emotional aspects of a divorce or breakup involving children is the question of custody. Determining who will provide a home for the children and have the power to make key decisions can quickly become a heated debate.
At The Law Office of Jeffrey Jones, our Memphis child custody lawyer has more than 35 years of experience with child custody disputes. Our knowledge of Tennessee child custody laws and Memphis area courts allows us to help you understand the process and options for voicing your preference for your child’s future.
Types Of Child Custody That Tennessee Law Recognizes
Tennessee courts focus on parental responsibilities, not labels. Judges decide where a child lives and how parents make major decisions by approving a Permanent Parenting Plan. The plan must support the child’s best interests.
Courts commonly approve the following custody arrangements.
Full Custody
In a full custody arrangement, one parent serves as the primary residential parent. The child lives mainly with that parent. This parent handles daily care and usually makes key decisions about education, medical treatment and religious upbringing. The other parent may receive parenting time, depending on the facts of the case.
Shared Parenting
Shared parenting describes how parents divide parenting time. The child spends significant time living with both parents, but the schedule does not have to be equal. One parent usually serves as the primary residential Parent, while the other has regular and meaningful parenting time.
Shared parenting works best when both parents can provide stable homes and follow the parenting plan. It does not mean equal time, and it does not decide who makes major decisions for the child.
Joint Custody
Joint custody focuses on shared decision-making authority. Even when the child lives primarily with one parent, both parents take part in major decisions about health care, education and other long-term matters. Parenting time varies based on the family’s situation, but both parents remain actively involved.
Full Custody With Supervised Parental Visitation
When safety concerns exist, the court may award full custody to one parent and limit the other parent’s time with the child. In these cases, the court requires supervised visitation. A neutral third party or approved facility oversees visits to protect the child’s well-being while allowing continued contact.
Tennessee courts design each custody arrangement to promote stability, safety and healthy development. Judges carefully assign residency and decision-making duties to support the child’s needs.
How The Court Determines Custody
When determining the custody of a child or children, the court will consider many factors, including:
- The relationships between parents and the child
- The incomes of each parent and their ability to provide a stable lifestyle for the child
- The mental and physical health of each parent
- The child’s lifestyle, including the location of his or her school, activities and more
- The child’s preference, if the child is at least 12 years of age
- Evidence of physical or emotional abuse of the child or other parent
- The character of any third-party individuals living in the parents’ household
Each of these factors can be interpreted differently by the court, making it important to establish and demonstrate your ability to provide a stable, healthy and loving home for your child.
Justification For Modification Of Child Custody Agreements
Once a child custody arrangement has been ordered or approved by the court, the arrangement is deemed to be permanent, but there are situations that may lead the court to re-examine or modify the arrangement, such as:
- Major life changes: Significant events in the lives of either parent, such as a job loss, change of work hours, new job or remarriage, may lead the court to restructure the child custody arrangement.
- Maturation of the child: As the child ages, his or her needs and availability may change, making the original custody arrangement unworkable. A judge may consider modifying the arrangement if it becomes detrimental to the child’s schooling or activities.
- Violations of the order: Should either parent refuse to adhere to the child custody order, the other parent may pursue enforcement or modification of the arrangement.
If you wish to modify a child custody arrangement, you must petition the court to review the order and show or prove a change of circumstance.
“I Want to Relocate. How Does This Impact My Child Custody Arrangement?”
Parents wishing to relocate must serve written notice to the other parent 60 days in advance of the move. The notice must include a statement of the intent to relocate, the address of the new home and the reasons behind the relocation.
The nonrelocating parent may contest the relocation, or may seek to alter the custody arrangement to ensure that each parent is allowed to play a role in the child’s life.
Discuss Your Unique Concerns With An Attorney In Bartlett
At The Law Office of Jeffrey Jones, we know how important a fair and detailed child custody arrangement is to the child and the parent. Mr. Jones honors mothers’ rights and fathers’ rights and makes every effort to ensure that the best interests of the child are addressed.
To discuss your child custody concerns with our attorney, call 901-410-5751 or contact us online.