A custody dispute is one of the most challenging and emotional issues facing a divorced parent or parents who have never been married. The goal of any custody arrangement is to provide a loving and safe environment for children to live and grow in. The judge in the case will look at all relevant factors to determine what is in a child’s best interests. These factors include a child’s wishes, the parents’ abilities to care for the child, the child’s relationships with each of the parents, and more. In order to build a strong case for why you should be awarded either full or partial custody of your child, it is critical that you work closely with an experienced Child Custody Attorney in Knoxville Tennessee.
In general, judges in Tennessee aim to “maximize the participation of both parents” in a child’s life. This does not necessarily mean equal time, however. It is more important that the children spend quality time with each parent rather than just spending a lot of time together. For example, an hour cheering on a child at their sporting event is more meaningful than an hour shut in the parent’s room playing video games.
The court will also consider a child’s wishes in a custody dispute. However, the judge will weigh this very carefully and only if the child is of an appropriate age and has a valid reasoning behind their wish to have a change in custody. For example, it is very unlikely that a court would award a child custody to a parent who has been abusive in the past, unless the abuse was severe. In this case, the judge will likely assign a guardian ad litem or other expert to investigate the allegations and assess the situation.
A judge may also consider a non-custodial parent’s ability to travel for work or for other reasons. A judge will consider whether the other parent has a home nearby where the child can be picked up. In addition, a judge will consider if the non-custodial parent has other family members who can help with child care when needed.
It is very important to note that the term “father’s rights” has no legal meaning in a Tennessee child custody case. Tennessee law makes it clear that mothers and fathers are treated equally in child custody cases. It is very important to understand the differences between legal and physical custody. The term legal custody refers to decision-making authority and the terms of how that is carried out, while the term physical custody refers to where a child lives day-to-day. Generally, parents who share legal custody will also share physical custody, although this is not always the case. In some situations, the court may decide sole physical custody with a specific parent and allow visitation from other parents at its discretion. Visitation may be limited or eliminated if there are safety concerns or serious abuse allegations. Our divorce lawyers can help you determine the most appropriate visitation schedule for your unique situation.