Contact a Child Custody Attorney Near Powell
Child custody plans affect every part of your family’s life. We might be based in Knoxville, TN, but we help families all over Tennessee deal with their custody issues. We are committed to helping you achieve the best possible outcome using our skills and experience to guide you to the resolution that best fits you.
Attorney John Haines has extensive experience in Tennessee child custody cases and will walk you through each step of the process. We’ll protect your parental rights and your child’s best interests.
Tennessee Child Custody Arrangements
The circumstances of every child custody case are different, and Tennessee courts offer several custody arrangements based on what’s best for the child in their own scenario. Our child custody attorneys will help you navigate these options and determine the best path forward for your family.
Who Gets Decision-Making Authority vs. Physical Custody?
Parents have the right to contribute to parenting decisions about their child’s upbringing, like their education or healthcare. Typically, parents share this authority. Physical custody refers to where the child lives on a day-to-day basis. It’s common for both parents to be required to cooperate concerning decision-making, regardless of how much time the child spends with each parent, except in the case of emergencies.
What is Joint Custody & Sole Custody?
Joint custody allows both parents to share responsibilities for their child. The court will specifically describe these responsibilities in a Permanent Parenting Plan. Parents usually do not receive sole custody, but if one parent is deemed unfit as a parent, the court may decide that the child should live with just one parent.
If yours is a joint custody case, or potentially one of the rare occasions when sole custody may be appropriate, we’ll help you navigate the complexities of Tennessee’s custody laws.
How Do Unmarried Parents Deal with Custody?
Custody disputes between unmarried parents can be complicated, as legal paternity must often be established before custody rights are determined. In Tennessee, unmarried parents have the same custody rights as married parents once paternity is confirmed. At Haines Family Law, we help unmarried parents navigate custody, visitation, and child support issues to ensure the child’s best interests are prioritized.
Guardianship in Tennessee
Guardianship gives a person legal authority to make decisions for a child when the parents are unable or unavailable. This status can be temporary or permanent, depending on the circumstances. Whether you’re seeking guardianship for a minor or needing legal assistance to contest guardianship, our Tennessee guardianship lawyers guide you through the process and ensure your rights and the child’s well-being are protected.
Temporary or Emergency Custody Orders
Temporary or emergency custody may be granted when a child’s immediate safety or welfare is at risk. This type of custody provides a short-term solution until a more permanent arrangement can be made. At Haines Family Law, we help you secure temporary custody in urgent situations and ensure all legal requirements are met for your case to move forward.
What Factors Influence Custody in Tennessee?
The courts consider several factors when determining the optimal custody arrangement. They have to examine the parents’ circumstances and ultimately decide what arrangement would suit the child’s well-being the best.
Are the Parents Capable of Meeting Their Child’s Needs?
The court evaluates each parent’s ability to meet the child’s needs. Factors like physical and mental health, involvement in the child’s life, and stability play a crucial role in custody decisions.
What is the Relationship Between Parent & Child?
The court prioritizes preserving the child’s existing relationships. A strong bond with both parents may lead to joint custody, while limited involvement from one parent could result in sole custody.
Can a Child’s Preference Affect Custody Rulings?
If the child is twelve years or older, the court may consider their preference in custody decisions. It is important to remember that the weight afforded to a child’s preference increases as the child gets older, and while a child’s preference is typically not the deciding factor, it can influence the outcome.
Will the Custody Order Provide Stability and Continuity of Care?
Providing a stable home environment is essential in custody decisions. The court considers each parent’s ability to offer consistency in the child’s routine, schooling, and emotional well-being.
Can I Modify Custody in Tennessee?
Like most things, custody arrangements aren’t permanent. If a significant change in circumstances happens, such as relocation or changes in employment, you may need to modify your custody order. Tennessee law allows modifications of both residential schedule, or, in rare cases, of custody, when a substantial change in circumstances affects the child’s best interests.
A change in residential schedule modifies the number of days afforded to each parent without changing who the ‘majority’ custodian is, up to and including equal custody. Conversely, a change in custody would modify a plan such that a parent who had less than equal custody of the child now has greater than equal custody.
What are the Grounds for Modifying Custody?
You cannot modify a custody order simply because you want to upset your ex. You must meet the necessary requirements, which could be:
- A new work schedule
- Notable change in preference where your child stays
- A new opportunity that could improve your child’s quality of life
- An emergency medical condition
- Signs of substance abuse, alcoholism, domestic abuse, or other safety concerns
- Relocation for work, school, family support, or housing affordability
- Neglect or abandonment
You will need to prove that any of these circumstances is affecting your child’s well-being. Your child custody attorney can help you identify evidence to back up your argument.
How do I File a Petition to Modify Custody?
To modify custody, you must file a petition in the court that issued the original order. Haines Family Law will guide you through the legal process and ensure you meet the requirements for modification.
Can I Terminate Parental Rights?
Terminating parental rights is a serious legal process that permanently ends the legal relationship between a parent and a child. This may occur due to neglect, abandonment, abuse, or other circumstances where it’s in the child’s best interest. Terminating parental rights cannot occur in a vacuum and is typically part of an adoption.
What to Expect During the Child Custody Process
Child custody is generally decided as a part of an ongoing divorce, but unmarried parents or someone establishing paternity follow similar steps. You will work with your child custody attorney to decide how to file to establish a parenting plan. If you’re modifying a plan, you’ll need to determine the reason for changing an established plan.
There may be emotional and legal hurdles throughout the process, such as disagreements over custody or court delays. It is crucial to have a lawyer to guide you through each step and prepare you for any hearings or decisions.
How Haines Family Law Can Help You
Led by lawyer John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation with a local Tennessee family lawyer.
FAQs About Child Custody in Tennessee
Can grandparents seek custody or visitation rights in Tennessee?
Under certain circumstances, Tennessee law allows grandparents to seek visitation or custody rights. This typically happens if the child’s parents are unfit, have passed away, or if the child has lived with the grandparents for a certain period. It’s best to consult with a Powell child custody attorney to understand your rights as a grandparent and how to petition the court for custody or visitation.
Can a parent refuse to follow the court-ordered parenting plan?
No. If a parent violates the court-ordered parenting plan, they could face legal consequences such as contempt of court, fines, or even jail time. If the violation continues, the affected parent can file a petition to modify the custody arrangement. Consulting a child custody attorney can help enforce the order or seek a modification.
Do Tennessee courts favor mothers in custody decisions?
Tennessee law does not favor one parent over the other based on gender. Courts consider the child’s best interests, and either parent can be awarded primary or joint custody based on their ability to provide a stable, loving environment. Working with an experienced child custody attorney near Powell can ensure your rights are fairly represented.
How does relocation affect child custody arrangements?
If a parent wishes to relocate with the child after establishing a custody arrangement, they must notify the other parent and the court. The non-relocating parent can object, and the court will consider whether the move is in the child’s best interests. Relocation cases are one of the largest sources of emergency custody orders requiring parents who either have not complied with the law, or think they have complied with the law, to return a child to Tennessee on an emergency basis. Working with a Powell custody lawyer before you relocate is crucial to protect your rights.
Where will my custody motion be filed?
You will file your custody or change of custody motion in the Fourth Circuit Court for Knox County, Tennessee. The court is located at 400 Main St SW, Knoxville, TN 37902. Related documents can be filed in person or online through the Knox County court system.
Let Haines Family Law Resolve Your Custody Issue
If you’re facing a child custody battle or need to set up a fair parenting plan, don’t go through it alone. Working with a Powell child custody attorney like John Haines can help you navigate the complexities of Tennessee’s custody laws and protect your parental rights.
Call (865) 269-2524 today or fill out our contact form to schedule your consultation and take the first step toward securing your custody rights.
