Murfreesboro Child Custody Lawyer

Protecting the Best Interests of Your Children Throughout Rutherford County

Going through a divorce is never easy, especially when children are involved. Not only are you dealing with the emotional and financial impact of the divorce on your life, but you must also make tough decisions about what is in the best interest of your child. Your child will no longer have both parents living with them on a full-time basis. Decisions must be made regarding which parent will have custody and how visitation will be assigned.

Your Dedicated Partner in Family Law Matters

When navigating the complexities of child custody arrangements, having a dedicated partner with in-depth knowledge of local laws is crucial. At Santel | Garner, we bring over 75 years of combined legal experience right here in Murfreesboro, TN. Our skilled family law attorneys are highly experienced in representing clients with various needs. A client can be going through a tough divorce that may also include support, parental rights, child custody, and spousal support matters. Child custody can be one of the most sensitive and highly contested issues in a divorce proceeding. The Murfreesboro child custody attorneys at Santel | Garner will fight to ensure that your rights and your child’s rights are protected as the court determines what is in the best interest of your child.

Are you in need of legal representation for your child custody matter? Call Santel | Garner, today at (615) 987-0268 or contact us online to schedule a free consultation with our child custody attorney in Murfreesboro.

Conducting Child Custody Terms & Arrangements

The overriding principle in all custody cases is what is in the best interest of the child. If parents can agree on the terms of custody, the court will generally incorporate those terms into a Permanent Parenting Plan, provided the court agrees that the proposed custody arrangement is in the child’s best interest. When parents cannot agree on custody matters, the court must determine this based on the evidence presented in court. At Santel | Garner, we understand the intricacies involved in these decisions. Our attorneys provide guidance to negotiate favorable terms and prepare for any court proceedings to advocate effectively on your behalf.

Types of Child Custody in Tennessee

In Tennessee, child custody can be a complex and sensitive issue, and understanding the types of child custody arrangements available can help parents navigate the legal process more effectively. There are several types of child custody recognized in Tennessee:

1. Physical Custody:
Physical custody refers to the parent with whom the child will primarily reside. It can be:

• Sole Physical Custody: The child resides with one parent, and the other parent typically has visitation rights.
• Joint Physical Custody: The child resides with both parents, dividing their time between each parent's home.

2. Legal Custody:
Legal custody refers to a parent's authority to make significant decisions about the child's upbringing, such as education, healthcare, and religious upbringing.

• Sole Legal Custody: One parent has the exclusive right to make major decisions for the child.
• Joint Legal Custody: Both parents share the responsibility of making significant decisions about the child's welfare.

3. Temporary Custody:
Temporary custody can be awarded during the divorce or separation proceedings until a final custody agreement is determined.

4. Visitation or Parenting Time:
Even if one parent has primary physical custody, the non-custodial parent is usually granted visitation or parenting time to maintain a meaningful relationship with the child.

Understanding these custody types is crucial for developing a parenting plan that serves your child’s best interests. Our lawyers can help you figure out which arrangement will work best for your family and assist in drafting legally sound agreements that minimize future conflicts.

How Child Custody is Determined in Tennessee

In order to determine what is in the best interest of a child in a custody case, the judge must consider relevant factors as outlined in Tennessee’s child custody laws.

The court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors set forth in the statute, which include:

• The existing bonds between the parents and the child
• The parent's willingness to provide the child with food, shelter, clothing, medical care, education, and other necessary care
• The effect of continuity in the child’s life and the length of time the child has resided in a stable environment, provided there are no allegations and findings of abuse
• The stability of each parent
• The physical and mental health of each parent
• The school, home, and community records for the child
• Preferences of children 12 years of age or older; however, the court may hear the preference of younger children by request
• Evidence of child abuse, spousal abuse, or abuse to any other person
• The character of other people living in the home or regularly visiting the home
• The past and potential future performance by each parent with regard to parenting responsibilities and the willingness to encourage and foster a close and loving relationship between the child and the other parent

These criteria help judges make informed decisions that prioritize a child’s welfare. It is critical to present compelling evidence based on these factors, and our attorneys are prepared to gather and present such evidence convincingly in court proceedings, ensuring your parenting capabilities are clearly demonstrated.

Guidance on Modifying Child Custody Agreements

At Santel | Garner, our experienced child custody attorneys understand that circumstances can change after a custody agreement has been established. Whether you are seeking to modify custody arrangements due to a change in living situation, work schedule, or your child’s needs, we can help guide you through the legal process.

Key points to consider when modifying a child custody agreement:

• Evaluate the reason for the modification request: Are the changes substantial enough to warrant a court's reconsideration?
• Ensure the proposed changes are in the best interests of the child: Judges will prioritize arrangements that serve the child’s needs and welfare.
• Consult with a knowledgeable attorney to navigate the legal requirements: Understanding legal protocols is vital to the success of a modification petition.
• Petition the court for a modification hearing: Formal requests must be made to the court to amend existing arrangements legally.
• Present evidence and arguments supporting the requested changes: Concrete evidence must support the necessity and benefit of the modification to persuade the court.

Modification requests require a thorough understanding of procedural intricacies. Our legal team is adept at managing these processes efficiently to help secure a favorable outcome that aligns with your child’s evolving needs.

Contact Our Child Custody Attorneys in Murfreesboro Today

Any experienced Murfreesboro child custody attorney at Santel | Garner, understands that you want to protect your child and do what is best for them. When you and your spouse do not agree on what is in the best interest of your child, it is important to have an attorney who is committed to effectively representing your interests and your child’s interests. Our team is readily available to provide legal guidance and support, ensuring that your parental rights are upheld and your child's future is secure. By contacting us, you take the first step toward building a brighter future for your family.

Contact us online or call (615) 987-0268, today to get started with our Murfreesboro child custody lawyer.

Frequently Asked Questions

What Factors Do Tennessee Courts Consider Most Important in Child Custody Cases?

In Tennessee, courts consider a variety of factors when determining child custody arrangements, with the child's best interest as the foremost concern. These factors include the child's relationship with each parent, the child's home, school, and community connections, and each parent's role in attending to the child's needs. Stability is key; the court evaluates the child's home environment and each parent's ability to provide a nurturing setting. Furthermore, any evidence of domestic violence, neglect, or abuse greatly influences the court's decision.

Each parent's mental and physical health is assessed to ensure no adverse effects on the child's upbringing. Judges also consider the child's preference for living arrangements, particularly when the child is 12 years or older, although younger children may also have their opinions taken into account. Ultimately, a comprehensive review of these factors guides the court in determining the most beneficial arrangement for the child's growth and well-being.

Can a Custody Agreement Be Changed After It's Been Finalized?

Yes, in Tennessee, a custody agreement can be modified after it has been finalized if there is a significant change in circumstances that affects the child’s well-being. Common reasons for seeking modification include a parent's relocation, changes in the child's needs, or one parent's inability to adhere to the current arrangement. Petitioning the court for a modification involves demonstrating how the updated circumstances impact the child and why the proposed changes serve the child’s best interest.

Presenting evidence and collaborating with a skilled attorney can help make a compelling case. Modifications are not granted lightly, so substantial proof is necessary to justify changes in the custody order. Seeking legal counsel from Santel | Garner ensures you have the guidance and representation needed to navigate this complex process efficiently, helping to protect your child's best interests.

How Does Santel | Garner Approach Child Custody Cases?

At Santel | Garner, our approach to child custody cases is centered around personalized and compassionate service. We understand that every family situation is unique, and thus, we prioritize creating strategies that align closely with our clients' specific circumstances. By leveraging our extensive knowledge of Tennessee custody laws and close familiarity with local court processes, we advocate effectively on behalf of our clients to secure arrangements that prioritize their children's well-being.

Our team collaborates closely with clients to ensure transparency and open communication throughout the proceedings. We provide clear guidance, helping clients understand their options and the implications of different custody arrangements. With a client-first focus, we are committed to minimizing stress and disruption, facilitating resolutions that are both legally sound and emotionally supportive.