Franklin, TN, Child Custody Attorney
Child custody decisions are supposed to be made in the children’s best interests. Unfortunately, parents don’t always agree on the type of custody arrangement that is best for the children, whether it’s deciding where the children live or determining how they share parenting responsibilities. Since the child custody process can be extensive and complicated, you need an experienced child custody attorney to represent you.
Trust Fort, Holloway, & Rogers, LLC to always place your child’s welfare first. Our experience and reputation in representing parents in Tennessee divorce proceedings and child custody disputes give you the confidence and peace of mind that you deserve.
Understanding Child Custody in Tennessee
In a divorce where the children are involved, child custody often takes precedence over all other issues. It often involves designating which parent will be the primary residential parent and have physical custody of the children for the majority of the time. Also, it must be decided how parenting decisions will be made regarding the children’s education, health care, religious upbringing, extracurricular activities and other issues related to a child’s well-being.
Will the parents share in making these decisions, or will the responsibility lie with just one parent? Even if decision-making is shared, the primary residential parent will have the final say if the parents disagree on how to handle a situation. In cases where the parents disagree on custodial rights, the judge decides based on the arguments and evidence submitted to the court by the parties.
The Child Custody Process
While child custody matters can be difficult for everyone involved, the general process is outlined to help both parties. It’s centered around what best supports the children. The process includes:
- Filing for custody and completing the required legal documents.
- Mediation and negotiation when working toward a parenting plan.
- Court hearings if parents can’t agree on the plan.
- Modifications for change of custody orders.
- Enforcement and compliance with court orders.
The Parenting Plan
The court can implement a temporary parenting plan while the divorce is pending and a permanent parenting plan when the divorce is finalized. The parenting plan describes the residential schedule and parenting responsibilities in detail. The intent is to allow divorcing or divorced parents to enjoy the maximum participation possible in their child’s life with less conflict.
If the parents can work out a parenting plan through negotiations or mediation, they can submit this plan to the court for approval. Otherwise, the judge will have to hold a hearing and let the parties litigate what the parenting plan should look like.
Tennessee courts order a parenting plan that helps to ensure the best interests of the child. When deciding child custody, the court considers all relevant factors, including:
- The strength, nature and stability of the child’s relationship with each parent.
- The parents’ or caregivers’ past and potential to facilitate a close and continuing parent-child relationship.
- History of refusal to attend court-ordered parent education seminars.
- The degree to which a parent has been the primary caregiver.
- Parents’ disposition in providing food, clothing, education and medical care to the child.
- Emotional ties, including love and affection, between the parents and the child.
- The child’s developmental level and emotional needs.
- The parents’ moral, mental, physical and emotional capabilities.
- The child’s interaction and interrelationships with siblings, relatives and mentors.
- The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment.
- Evidence of emotional or physical abuse of the child.
- The character and behavior of any other person residing in or frequenting the parents’ home.
- The reasonable preference of children 12 years of age or older.
- The parents’ employment schedule.
- Any other factors deemed relevant by the court.
Why You Need a Franklin, TN, Child Custody Attorney
Many Franklin residents don’t realize how crucial it is to have a child custody attorney when divorce proceedings begin. It’s valuable to have a legal partner in your corner, especially when determining where your children will reside or how they will be financially supported.
At Fort, Holloway, & Rogers, LLC, we take a strategic approach tailored to the facts and needs of every individual case. Whether your parenting plan can be created mutually at the conference table or requires court proceedings to resolve, our aggressive child custody attorneys in Franklin, TN, are ready to fight with you through the legal process and custody battles.
In circumstances where parental rights need to be changed, you can count on our Franklin attorneys for a change of custody order. We understand that even if you have legal or physical custody of your child, the court might modify the order to better support the child’s emotional and developmental needs.
Why Trust Our Divorce and Child Custody Attorneys in Franklin, TN?
When you need guidance and support in your child custody and visitation matters, choose Fort, Holloway, & Rogers, LLC. We can help you with all family law disputes, working diligently to protect your parental rights and the best interests of your children. Our divorce and child custody attorneys have worked in numerous trials and mediations, resolving issues, including legal custody, visitation, parenting plans and custody modification.
As experienced courtroom litigators, we recognize the process of building a strong case based on testimony and other relevant evidence and compellingly arguing the case. Trust us to gather evidence related to the factors listed above and present it in a way that makes it easy for the judge to understand which parenting arrangement creates the best path forward for your child.
Take Action Now to Protect Your Rights
From offering immediate help to handling all types of custody matters, you can rely on our legal team to take an active, decisive role in your child custody case. We have the skills and experience to meet your best interests and those of your children. Contact us today for an honest assessment of your case and a strategic approach to a custody arrangement. If you want to speak to our attorneys quickly, call us at 615-791-7575 to discuss your needs.
