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Understanding Child Custody And Visitation In Knoxville Tennessee

Under Tennessee law, child custody determinations are primarily based upon whichever arrangement is in the child’s best interests. In fact, the best interests of the child are always paramount during custody disputes, regardless of whether the parents are going through a divorce or were never married.

While parents are free to create their own reasonable child custody agreement, the court will likely have to establish a custody arrangement for them if they are unable to do so. When making child custody determinations, Tennessee courts will likely consider several factors, including:

  • The child’s parental preference, so long as the child is at least 12 years old
  • The needs of the child, including emotional and developmental needs
  • The strength and stability of the child’s relationship with either parent
  • The past, and potential future, performance of parental responsibilities by either parent
  • The willingness of each parent to encourage a continuing relationship between the child and the other parent
  • The emotional ties between the child and each parent
  • The child’s current home and school life, and whether a change will disrupt the stability of that life
  • The physical, mental and moral fitness of each parent

However, these are merely a handful of the factors a court may examine when establishing child custody.

What Is A Parenting Plan?

Essentially, a parenting plan is a detailed schedule outlining the time a child will spend with each parent, including holidays, vacations, birthdays and other special events. Not only does it designate where a child will be on certain days, but it also allocates decision-making authority between the parents and names which one is the primary residential parent – also referred to as the custodial parent. In addition, parenting plans are important since parenting time can impact child support calculations.

Your Child Custody Questions, Answered

Below, we’ve answered some of the most common questions asked by prospective family law clients.

Can a child choose which parent to live with in Tennessee?

While a child’s preference may be taken into account during custody decisions, it isn’t the only factor the court considers. The child’s age (12 or older) and maturity level are important in assessing their wishes. However, the court’s primary focus is on the child’s best interests, which includes evaluating the emotional connection with each parent, the parents’ ability to care for the child, and how well the child is adjusted to their current home, school, and community.

What are the different types of child custody arrangements available in Tennessee?

In Tennessee, child custody is divided into two categories: legal custody and physical custody. Legal custody involves making significant decisions about your child’s life in matters like education, health care and religion. Physical custody determines where the child will live on a daily basis.

Options for awarding custody include joint custody, where both parents share responsibilities (equally or unequally) and sole custody, where one parent takes on the primary role. In most cases, courts find that some form of shared/joint custody is in the child’s best interest.

What happens if one parent violates a child custody agreement in Tennessee?

The reality is that violating custody orders in minor ways is somewhat common. When the violations are isolated incidents or relatively small in nature, it doesn’t make practical or financial sense to get the court involved.

However, if one parent commits major and/or ongoing violations of the custody agreement, the other parent can seek legal recourse by filing a contempt petition with the court. This allows the court to enforce the existing custody order. Violations can lead to penalties such as fines or changes to the custody arrangement. If you need to take your co-parent back to court to enforce an order, it is wise to work with an experienced attorney.

How does relocation affect child custody in Tennessee?

It can lead to court intervention if the move is significant enough. If one parent plans to move more than 50 miles away or out of state, they must notify the other parent in writing at least 60 days prior to the move. The non-relocating parent then has 30 days to object by filing a petition opposing the move with the court.

In cases where parents do not agree, the court will evaluate the proposed relocation by considering factors like the reason for the move, the child’s relationship with each parent, and how the move might affect the child’s overall well-being.

Is Tennessee a 50/50 state for child custody?

Tennessee does not automatically implement a 50/50 custody split. Instead, custody decisions are made based on the child’s best interests. While shared custody is often preferred, the specific arrangement is customized to fit the child’s needs and the parents’ circumstances. The court carefully considers each case to develop a custody plan that promotes the child’s welfare and supports strong relationships with both parents whenever feasible.

Contact Us For Legal Guidance You Can Trust

If you need to speak to a lawyer about child custody, visitation or parenting plans, contact the Law Office of Lisa Collins Werner in Knoxville today. With over three decades of legal experience, our attorney can assist you with any custody-related legal issue, including custody modifications and enforcement. To schedule an initial phone consultation, reach out to us online or call us at 865-973-9286.