Nashville Child Custody Lawyer

For parents experiencing family law issues regarding child custody arrangements, it is preferable that the parties jointly work together for the well-being and best interests of the children. At The Law Office of Martin Sir & Associates, our child custody lawyers serving Nashville are prepared to work with clients to ensure the child’s best interests are maintained at all times.

The courts in Tennessee have taken additional steps to require (unless there is an approved waiver) parents to attend a Parenting Seminar. These classes are very beneficial to parents whether they are in agreement on divorce matters or facing a contested child custody dispute. In a nutshell, the Nashville Court is under an obligation to consider the statutory factors listed on our Divorce FAQ page and these factors apply to all disputed child custody cases in Nashville.

Reach out now to schedule a free consultation with a trusted Nashville child custody lawyer. Call (615) 229-7235 or contact us online to get started today.

Types of Child Custody in Tennessee

In Tennessee, child custody is typically divided into two main categories: physical custody and legal custody. It is important to understand the distinction between these two types of custody, as they determine different aspects of a child’s upbringing and relationship with each parent.

• Physical Custody: This refers to where the child lives on a daily basis. It can be awarded to one parent (sole physical custody) or shared between both parents (joint physical custody). In joint physical custody arrangements, the child typically spends significant time with both parents, but one parent may still be designated as the primary residential parent.
• Legal Custody: Legal custody refers to the right to make major decisions regarding the child’s upbringing. This includes decisions about the child’s education, healthcare, religion, and general welfare. Legal custody can be awarded solely to one parent (sole legal custody) or shared between both parents (joint legal custody).

Both physical and legal custody can be awarded in various ways, and understanding how each type of custody impacts you and your child is crucial. A Nashville child custody attorney can provide valuable insights into what type of custody arrangement may work best for your family and how to proceed with your case.

Factors Considered by Tennessee Courts in Custody Decisions

Tennessee courts always prioritize the best interests of the child when making custody determinations. While parents may have preferences regarding custody arrangements, the court will focus on factors that ensure the child’s safety, well-being, and stability.

The Tennessee Code Annotated (TCA) Section 36-6-106 outlines several factors that courts consider when determining custody, including:

• The Parent’s Ability to Provide for the Child’s Needs: The court will evaluate each parent’s ability to provide for the child’s physical, emotional, and financial needs. This includes housing, food, healthcare, and the overall environment the child will be raised in.
• The Parent-Child Relationship: The court considers which parent has been the primary caregiver, the emotional bond between the parent and child, and the ability of each parent to meet the child’s needs.
• The Child’s Preference: Depending on the child’s age and maturity level, the court may consider the child’s preferences regarding custody. While the child’s wishes are not the sole determining factor, they can be taken into account, especially in cases involving older children who can express a clear preference.
• Each Parent’s Willingness to Co-Parent: Courts favor parents who are willing and able to co-parent effectively. This means parents must be able to communicate, collaborate on decisions, and act in the child’s best interests.
• The Parent’s Mental and Physical Health: The court will evaluate each parent’s mental and physical health, considering how these factors impact the parent’s ability to care for the child. If there is a history of mental illness or substance abuse, the court will assess how this affects the parent’s fitness to have custody.
• Any History of Domestic Violence or Abuse: Any history of abuse by a parent can lead to the denial of custody or visitation rights, or at the very least, supervised visitation. The court’s primary concern is the safety of the child.
• The Parent’s Work Schedule and Availability: The court will consider each parent’s work schedule and the amount of time each parent is available to spend with the child. A parent with a more flexible schedule may be awarded physical custody, especially if the other parent’s schedule limits their ability to care for the child.
• The Child’s Adjustment to Home, School, and Community: The court will also consider how well the child is adjusted to their current living situation, school, and community. If the child has been in a stable environment with one parent, the court may be reluctant to uproot the child unless it is deemed in their best interests.
• Other Relevant Factors: Courts have the discretion to consider any other factors they believe are relevant to the child’s well-being. Each custody case is unique, and the court will weigh these factors based on the specific circumstances.

A Nashville child custody lawyer can help you understand how these factors may apply to your case and ensure that the court hears the most compelling arguments in your favor.

Modifications and Enforcement to Child Custody Orders

It is common for life circumstances to change after a custody order is established. When this happens, parents may seek a modification of the original custody arrangement. In Tennessee, a modification of custody is only granted if there has been a substantial change in circumstances since the original order.

Some common reasons for seeking a modification include:

• A parent’s relocation to a different city or state.
• A significant change in the child’s needs or circumstances.
• A change in the parent’s ability to provide care, such as a job loss or health issues.
• Evidence that the other parent is not following the custody arrangement or is unfit to care for the child.

Once a child custody order is in place, both parents are legally required to follow it. If one parent violates the terms of the order—whether by failing to return the child after visitation or refusing to cooperate with the other parent—the other parent may need to take legal action to enforce the order.

Understanding the Importance of Your Child's Best Interests

One common pain point for parents in Nashville is balancing work commitments with the requirements of custody arrangements. With the city's bustling economy and numerous employers, including the healthcare and music industries, parents often struggle to find time for mandatory Parenting Seminars. These seminars, required by Tennessee courts, offer valuable strategies for effective co-parenting and are crucial for ensuring the child's well-being.

At The Law Office of Martin Sir & Associates, we understand the unique challenges faced by Nashville families. Whether you're dealing with a contested custody dispute or working amicably with your co-parent, our team can guide you through the process. We are familiar with the local court systems and the specific statutory factors that Nashville courts consider, such as the child's relationship with each parent and their adjustment to home, school, and community.

Regardless of where you're located in the city, whether it be East Nashville, Green Hills, or Bellevue, our team is dedicated to providing the support you need. We are committed to helping you navigate the complexities of child custody arrangements while prioritizing your child's best interests.

Child Custody and Visitation Rights Lawyer in Nashville: Protect Your Child's Future

Navigating child custody arrangements in Nashville can be challenging, but putting a seasoned child custody lawyer on your side can be highly beneficial. Our team at The Law Office of Martin Sir & Associates is well-versed in child custody matters and can provide the personalized guidance and advice you need to navigate this journey.

To speak with an experienced Nashville child custody attorney, give us a call at (615) 229-7235 or contact us online today.