Murfreesboro Child Custody Lawyer

Over 75 Years of Combined Experience Fighting for Families in Rutherford County

Going through a divorce is never easy, and the stakes rise sharply when children are involved. Beyond the emotional and financial weight of the process, you must make decisions that will shape your child’s daily life for years to come. Physical custody, legal custody, and parenting time all need to be resolved, either by agreement or through a court determination, and how those decisions land affects your child’s living arrangements, education, health care, and long-term well-being.

At Santel | Garner, we bring over 75 years of combined legal experience to Murfreesboro child custody cases. Our team includes Tommy Santel, a former government prosecutor, and our attorneys represent clients whose matters span divorce, child custody, parental rights, and spousal support. Our non-outsourcing policy means you work directly with a designated attorney backed by the collective experience of the entire legal team. We fight to protect your rights and your child’s rights throughout every stage of the process.

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

How Custody Arrangements Are Established in Tennessee

Every custody case in Tennessee turns on one question: what arrangement serves the child’s best interest? If parents can agree, the court will generally incorporate those terms into a Permanent Parenting Plan, a detailed road map covering health care, education, religious upbringing, and parenting time schedules, provided the court is satisfied the arrangement serves the child.

Before any custody dispute reaches a contested hearing, Tennessee requires parents to attempt mediation. Mediation gives both parents more control over the outcome and typically costs far less than full litigation. When it doesn’t produce a full agreement, the case proceeds to a Rutherford County Family Court judge, who decides custody based on the evidence presented. Our attorneys negotiate terms throughout that process and prepare clients for court when agreement can’t be reached.

Types of Child Custody in Tennessee

Understanding the custody arrangements Tennessee recognizes helps parents make informed decisions and approach the legal process with realistic expectations. Here is how the law categorizes custody:

Physical Custody

Physical custody determines where the child primarily lives. It can be:

• Sole Physical Custody: The child resides with one parent, and the other parent typically has parenting time.
• Joint Physical Custody: The child divides time between both parents’ homes.

Legal Custody

Legal custody governs who makes major decisions about the child’s upbringing, including education, health care, and religious upbringing.

• Sole Legal Custody: One parent holds the authority to make those decisions.
• Joint Legal Custody: Both parents share decision-making responsibility for the child’s welfare.

Temporary Custody

Temporary custody may be awarded during divorce or separation proceedings while the final arrangement is being determined.

Visitation & Parenting Time

Even when one parent has primary physical custody, the other is typically granted parenting time to maintain a meaningful relationship with the child. Tennessee law designates the parent with whom the child resides more than 50% of the time as the primary residential parent (PRP). The other parent is the alternative residential parent (ARP), who retains statutory rights including unhindered telephone contact with the child at least twice weekly and access to educational and medical records.

Our attorneys can help you determine which arrangement fits your family’s circumstances and draft a parenting plan precise enough to minimize future disputes.

How Tennessee Courts Determine Child Custody

When parents can’t agree, a judge decides custody by applying the best-interest standard set out in Tennessee Code Annotated § 36-6-106. The court is directed to order an arrangement that allows both parents maximum participation in the child’s life, consistent with the following factors:

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 strength, nature, and stability of the child’s relationship with each parent
• The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
• The degree to which each parent has been the primary caregiver
• The moral, physical, mental, and emotional fitness of each parent as it relates to their ability to parent the child
• The child’s interaction and interrelationships with siblings, other relatives, and mentors, as well as the child’s involvement with their physical surroundings, school, or other significant activities
• Preferences of children 12 years of age or older; however, the court may hear the preference of younger children by request
• Evidence of physical or emotional abuse to the child, to the other parent, or to any other person
• The character and behavior of any other person who resides in or frequents the home of a parent and that person’s interactions with the child
• Each parent’s past and potential future performance of parenting responsibilities, including the willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and both parents

Evidence of domestic violence, neglect, or abuse carries particular weight in this determination. Our attorneys gather and present evidence on each factor in Rutherford County court proceedings so your parenting capabilities are clearly on the record.

Modifying an Existing Custody Order

Life changes, and custody arrangements sometimes need to change with them. Tennessee courts require a showing of a material change in circumstances before modifying an existing order. Common grounds include a parent’s relocation, a significant shift in a parent’s physical or mental health, job loss, failure to comply with the existing order, or a consistent pattern of denying the other parent their scheduled parenting time.

Key considerations when pursuing a modification:

• Evaluate whether the change is substantial: Courts won’t revisit a custody order without meaningful justification.
• Confirm the proposed change serves the child’s best interest: Judges prioritize the child’s needs, not a parent’s convenience.
• Work with an attorney to meet the legal requirements: The procedural steps for a modification petition are specific, and missteps can delay or derail the process.
• Petition the court formally: A modification requires a filed petition and a court hearing; informal agreements between parents aren’t enforceable.
• Prepare concrete supporting evidence: The requesting parent bears the burden of proving both the changed circumstances and that the modification supports the child’s best interest.

Modification is not granted lightly. Our attorneys understand what courts in Rutherford County look for and build the evidentiary record needed to support your position.

Contact Our Child Custody Attorneys in Murfreesboro

When your relationship with your child and your rights as a parent are on the line, you need attorneys who understand what’s at stake. Whether your case is uncontested or headed to trial, Santel | Garner provides the direct, experienced representation Murfreesboro families deserve. You’ll work with a designated attorney from start to finish, backed by a team with over 75 years of combined legal experience and a former prosecutor who knows how custody disputes play out in court.

Contact us online or call (615) 987-0268 today to schedule a free consultation with a child custody lawyer in Murfreesboro.

Frequently Asked Questions

What Factors Do Tennessee Courts Consider in Child Custody Cases?

Tennessee courts apply the best-interest standard under Tennessee Code Annotated § 36-6-106, weighing all statutory factors: the strength and stability of each parent’s bond with the child, each parent’s capacity to provide necessary care, the continuity and stability of the home environment, the physical and mental fitness of each parent, the child’s school and community involvement, and any history of abuse or domestic violence. Children 12 and older must have their preference considered; younger children may also be heard at the court’s discretion.

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

Yes. A finalized custody order can be modified if there is a material change in circumstances that affects the child’s well-being, and the proposed modification serves the child’s best interest. Common reasons include a parent’s relocation, changed health or work circumstances, or a parent’s failure to comply with the existing order. Santel | Garner can guide you through the petition process and help you present the evidence courts require.

How Does Santel | Garner Approach Child Custody Cases?

Each client works directly with a designated attorney supported by a team that brings over 75 years of combined legal experience, including a former government prosecutor. We take the time to understand the specific facts of your family’s situation, explain your options under Tennessee custody law, and build a strategy based on your child’s needs and your parental rights.

Do I Need an Attorney If My Spouse and I Already Agree on Custody?

Yes, and here’s why: an agreed parenting plan still must satisfy Tennessee’s legal requirements, and vague or imprecise terms are a common source of future disputes. An attorney can help protect rights you may not know to preserve and make sure the plan is drafted precisely enough to reduce disputes over time. Santel | Garner represents families in both uncontested and contested custody matters.