Chattanooga Child Custody Lawyers

Helping You Navigate Tennessee child Custody Factors

At Conner & Roberts, PLLC, our Chattanooga child custody attorneys understand that the well-being of your children is crucial to protect and promote during your divorce. We are committed to helping you protect those valuable relationships you have created with your children by enforcing your parental rights and protecting your best interests, always keeping the welfare of your children in mind. Our Chattanooga child custody lawyers represent men and women who are facing complicated divorce matters in the Tennessee Valley and throughout the eastern and middle regions of the state.

Ready to discuss your TN child custody case? Schedule a FREE consultation by calling (423) 299-4489 or contacting Conner & Roberts, PLLC online today.

How Is Child Custody Determined in Tennessee?

Parents often choose “joint custody” or “joint residential parents,” during which both parents take care of their children and have access to their health and educational records. 

However, if the parents cannot agree on joint custody, a judge will determine which parent will be the primary residential parent while considering the following Tennessee custody factors:

• Age of the children

Although the belief that younger children should stay with their mothers is not as prevalent as in the past, some judges will still prefer that the mother be the primary parent, especially for babies that are still being nursed.

• Living conditions

Where a parent lives can affect custody unexpectedly. In some cases, the person who stays in the family house is preferred since it maintains stability for the children. If you are staying in a friend’s guest room until you get back on your feet after the divorce, it is unlikely that you will be designated as the primary parent. In order to spend as much time with your children as possible, you will need to make sure that your place of residence reflects that.

The distance between your home and your ex-spouse's home may also influence the situation. The closer you are, the more chances there are that the judge will order a time-sharing schedule that provides both parents with significant time with the kids. The proximity of their school may also be an important factor.

• Your relationship with the children before the divorce

Sometimes, parents who have not been very close with their children unexpectedly gain a strong desire to spend more time with them after the divorce. A judge may appreciate it, particularly if the person has been genuinely devoted to parenting throughout the separation. However, the judge will certainly spend some time to measure this change and make sure that this effort isn't being made to get back at the other parent.

• Children’s preference

If the children are mature enough— about age 12 or older— the court may discuss this situation with them to understand their point of view and preferences about custody. However, children’s opinion is never the final deciding factor.

• Gross behavior

If there’s a clear evidence that either parent has abused or neglected the children, a judge will limit that parent’s contact with the children.

Legal Custody vs Physical Custody

When a parent has legal custody of their child, that means they have the right to make major decisions about the child’s welfare and upbringing. These issues can include religion, education, healthcare, and more. When a parent has physical of their child, that means the child lives with them on a regular basis. Legal and physical custody can both be sole or joint.

How to Create Fulfilling Tennessee Custody Agreements

Our Chattanooga child custody lawyers understand that you want the best for your children, and we are here to help you do so by working toward creating a satisfying custody arrangement. In Tennessee, the court considers several factors when determining what type of custody will be awarded to which parent.

Tennessee custody factors include:

• Willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent
• Each parent’s ability to instruct, inspire, and encourage the child
• The strength, nature, and stability of the child’s relationship with each parent
• Any refusal to attend a court-ordered parent education seminar
• The disposition of each parent to provide the child with food, clothing, medical care, and education
• Love, affection, and emotional ties that exist between each parent and the child
• The degree to which each parent has been the primary caregiver
• Emotional needs and developmental level of the child
• The character and physical and emotional fitness of each parent
• The importance of continuity in the child’s life
• Evidence of abuse of the child or the other parent
• The preference of the child if older than 12 years of age

What Should Unmarried Parents Expect From Child Custody Cases in TN?

To receive the same treatment as married fathers during custody disputes, unmarried fathers must prove paternity for their child, currently known as establishing "parentage" under Tennessee law.

A father not currently on a child's birth certificate or who may not have parental rights must file a petition with a court to establish parentage. A mother, child, father, or the state government itself can all file petitions to establish parentage.

If the father in question is the child's biological parent, establish parentage is typically fairly simple - the father can acquit themselves to a DNA test to verify their identity as the biological father.

However, if a father wants to claim parentage of a child who has another individual listed as their biological parent, they may have to officially adopt that child. To do so, the biological father will typically have to agree to terminate their parental rights or have their parental rights terminated by a court if it deems that they aren't fit to be a parent.

Once parenthood is established for a father, they are also generally responsible for child support (if necessary). To learn more about child support in Tennessee, visit our child support page or get in touch with our expert family lawyers in Chattanooga.

Who Will the Court Favor in a Custody Dispute?

A primary concern for many married and unmarried parents is that the court may prioritize one party over the other for subjective reasons, such as their gender alignment.

Under the law, courts should not prioritize one parent over another simply by their gender or other subjective measures. The court's priority should be the child's best interests at all times, and decisions should be made based on objective evaluations of each parent's capabilities as caregivers.

If you believe the court handling your case may be making unfair judgments against you based on your gender or other non-relevant factors, speak with your Chattanooga child custody attorney. They can help you take measures to rectify inappropriate treatment by the court.

Is Tennessee a 50/50 Custody State?

In Tennessee, there are several factors that are considered before determining who gets legal custody of a child. In many cases, joint custody is possible, and parents are able to negotiate a 50/50 parenting plan. 

Understanding the Importance of Child Custody Mediation

Navigating the complexities of child custody can be emotionally challenging for all parties involved. One effective approach to resolving custody disputes is through mediation. This process encourages open communication between parents, allowing them to collaboratively develop solutions that prioritize the best interests of their children.

Here are some key advantages of opting for child custody mediation:

• Cost-Effective: Mediation is typically less expensive than going to court, saving you time and legal fees.
• Less Stressful: The mediation environment is generally more relaxed and less adversarial than a courtroom, reducing stress for everyone involved.
• Personalized Solutions: Parents can create tailored agreements that suit their family dynamics, rather than adhering to a one-size-fits-all court order.
• Improved Communication: Mediation fosters better communication skills between parents, which can be beneficial for co-parenting in the future.
• Confidential Process: Unlike court proceedings, mediation is private, allowing families to discuss sensitive issues without public scrutiny.

At Conner & Roberts, PLLC, our experienced child custody attorneys can guide you through the mediation process, ensuring that your voice is heard and your children's needs are prioritized. Let us help you find a peaceful resolution that sets the foundation for a healthy co-parenting relationship.

Let Us Assist You with Your Family’s Needs

With the best interests of your children in mind, our lawyers will collaborate with you to create a compelling case that illuminates the meaningful relationships you have with your children through photos, videos, and stories from your children to achieve the best custody results possible.

In some cases, Tennessee child custody agreements can be negotiated during mediation. While this may result in fulfilling custody agreements between both parents, not all custody matters can be resolved through mediation. When an amicable agreement cannot be reached, our child custody lawyers in Chattanooga can tenaciously stand up for your rights in court. 

Don't go through a child custody dispute alone. Contact us now to schedule your FREE family law consultation with a child custody lawyer near you. Call (423) 299-4489 today!

Tennessee Child Custody FAQ

What is a parenting plan, and is it required in Tennessee?

A parenting plan is a written document that outlines the custody and visitation arrangements for the child and may include provisions regarding decision-making authority, parenting time, holidays, vacations, and other relevant matters. In Tennessee, parents are required to submit a parenting plan to the court as part of any divorce or legal separation involving minor children.

Can child custody orders be modified in Tennessee?

Yes, child custody orders can be modified in Tennessee if there has been a significant change in circumstances since the original custody order was entered and modification is in the best interests of the child. Common reasons for seeking modification include changes in the parents' living situations, work schedules, or relationships, as well as the child's preferences or needs.

Can grandparents or other third parties seek custody or visitation rights in Tennessee?

Yes, under certain circumstances, grandparents or other third parties may petition the court for custody or visitation rights in Tennessee. However, third-party custody and visitation cases are generally more complex than cases involving parents, and the court will consider factors such as the nature of the relationship between the child and the third party, the child's best interests, and the parents' wishes.