Child Custody Lawyer in Knoxville, TN

Custody Arrangements in Tennessee

Every custody case is unique, and Tennessee courts offer several custody arrangements based on what’s best for the child. Haines Family Law can help you navigate these options and determine the best path forward for your family.

Decision Making Authority vs. Physical Custody

Parents have the right to make important decisions about their child’s upbringing, such as education and healthcare, and usually parents share this authority jointly. 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. 

Joint Custody vs. Sole Custody

Joint custody allows both parents to share responsibilities for their child as specifically described in a court ordered Permanent Parenting Plan. A parent receiving sole custody is exceedingly rare but may be awarded when one parent is deemed unfit or living with one parent is in the child’s best interest.

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.

Unmarried Parent 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

Guardianship grants a person legal authority to make decisions for a child when the parents are unable or unavailable. This 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/Emergency Custody

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.

Factors That Influence Custody in TN

During a divorce, the court considers several factors to determine the best custody arrangement. These factors are based on the best interests of the child standard.

Parental Fitness

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. 

Relationship with Each Parent

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.

Child’s Preference

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.

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.

Modifying Custody in Tennessee

Custody arrangements aren’t permanent. If a material change in circumstances occurs, 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 more rare cases, of custody, when a substantial change in circumstances affects the child’s best interests.

A change in residential schedule modifies the amount of days afforded to each parent without changing who is the ‘majority’ custodian – 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. 

Grounds for Modification

Reasons for modification may include changes in a parent’s living situation, remarriage, or concerns about the child’s well-being. We’ll help you gather evidence and present a compelling case to modify the order.

Filing 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.

Terminating 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. A termination of parental rights cannot occur in a vacuum, and is typically part of an adoption.

What to Expect During the Family Law Process

You can expect an initial consultation to discuss your case during the family law process, followed by filing the necessary paperwork. The next phase often involves negotiations or mediation, particularly in divorce, custody, or support cases. If an agreement is reached, a settlement is finalized, but if not, the case may proceed to court for hearings and potentially a trial.

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.

Why Work with Haines Family Law

Led by 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 Knoxville, TN 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 Knoxville child custody attorney to understand your rights as a grandparent and how to petition the court for custody or visitation.

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 Knoxville custody lawyer before you relocate is crucial to protect your rights.

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 Knoxville child custody attorney can ensure your rights are fairly represented.

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 Knoxville child custody attorney like John Haines can help you navigate the complexities of Tennessee’s custody laws and protect your parental rights.

Call 865-391-8174 today or fill out our contact form to schedule your consultation and take the first step toward securing your custody rights.