One of the most difficult and delicate problems that a divorced parent or parents who have never been married must deal with is a custody fight. Any custody agreement aims to give kids a caring and secure environment in which to live and develop. To decide what is best for a kid, the court will consider all pertinent aspects of the case. These elements consist of the kid’s desires, the parents’ capacity to provide for the child, the child’s interactions with each parent, and more. Working closely with an expert child custody attorney in Knoxville, Tennessee, is essential to constructing a compelling case for your kid’s custody, whether it be whole or partial.
When making decisions about a child’s upbringing, Tennessee judges often try to “maximize the participation of both parents.” However, this does not always imply equal time. Spending a lot of time together is not as vital as the kids spending meaningful time with each parent. An hour spent supporting a child at a sporting event, for instance, has greater significance than an hour spent playing computer games in the parent’s room.
In a custody dispute, the court will also take the child’s preferences into account. But only if the child is of a suitable age and has a good basis for wanting a change in custody would the judge give this considerable consideration. For instance, unless the abuse was really severe, it is quite unusual that a court would provide custody of a kid to a parent who had previously abused the child. A guardian ad litem or other expert will probably be assigned by the judge in this case to look into the claims and evaluate the circumstances. Contact John T. Sholly, Attorney and Counselor at Law today to schedule a free Child custody attorney consultation.
The capacity of a non-custodial parent to travel for employment or other purposes may also be taken into account by the judge. If the other parent has a house close by where the child may be picked up, the judge will take it into account. A judge will also take into account if the non-custodial parent has other family members who are available to assist with child care when necessary.
It is crucial to remember that in a Tennessee child custody lawsuit, the phrase “father’s rights” has no legal significance. Mothers and dads are treated equally in child custody proceedings, according to Tennessee law. Knowing the distinctions between physical and legal custody is crucial. Physical custody relates to a child’s daily residence, whereas legal custody refers to the ability to make decisions and the conditions under which that authority is exercised. Though this isn’t always the case, parents who share legal custody typically also share physical custody. In some circumstances, the court may provide visitation from other parents at its discretion while deciding on sole physical custody with a particular parent. If there are significant abuse claims or safety concerns, visitation may be restricted or stopped. The best visiting plan for your particular circumstance can be determined with the assistance of our attorneys. Contact the #1 Divorce Attorney in Knoxville for more information.