Heiskell Child Custody Attorney
During a divorce, the discussion regarding the parent who will get custody of the child can be a reason for the proceedings to extend further. One parent may believe they are the perfect person to control all their children, while the other disagrees. While a custody agreement is being decided, it can impact a child’s well-being, which can be strained because their parents have divorced or separated.
When a court handles a divorce case involving children, they often base their judgment on the child’s best interest and each parent’s capability to determine child support and custody. In Tennessee, child custody laws have been revised to ensure they are better fitted to suit each case. With this in mind, couples undergoing a divorce must contact a child custody attorney they can trust to help with their custody battle.
You can trust our Heiskell child custody attorney at John T. Sholly, Attorney and Counselor at Law to assist you in your child custody case. We are ready to take on any child custody case regardless of the circumstances involved for the patient and create the best legal action to secure or counter custody. You can also trust us to handle the issue with care so that it does not affect your relationship with your child and your child’s overall well-being.
In an effort to enhance client accessibility and comfort, our lawyer is pleased to arrange client meetings at their preferred location, whether it be at home or another convenient venue.
Call John T. Sholly, Attorney and Counselor at Law at (865) 276-7228 for your consultation with a Heiskell Child Custody Attorney. We are even happy to meet with you in the comfort of your own home.
Child Custody in Tennessee
In Tennessee, custody is not given to parents based on their gender but rather on their capability to meet the child’s best interests and needs.
Some of the factors that the court uses to determine custody, aside from the child’s best interest and needs, include:
- The child’s relationship with both parent
- The parent’s role in taking care of the child
- The child’s relationship with the rest of their family, especially their siblings
- The child’s behavior at home, school, and in other places
- Reasons why the child should stay in a specific place and how long have they been living in their current residence
- Each parent’s criminal history or history of committing abuse or domestic violence
- Each parent’s physical, mental, moral, and emotional state
- Each parent’s work setup
Suppose a parent has a history of domestic violence or abuse. In that case, they are unlikely to become the primary residential parent or the parent who will have physical custody of the child. If they have committed serious misconduct, the parent must show that they are committed to providing their child with everything they need and willing to change before custody is granted to them.
If a child is over 12, the court can consider their preferences when deciding who gets custody of the children. The judge can ask a younger child for their choice, but it will not weigh heavily in their decision. For families with multiple children, the court will consider their best interest when deciding if they should be together with their siblings while in the custody of one parent. They would only consider separating siblings if they see a practical reason.
A parenting plan will also be required from divorcing parents, highlighting each parent’s responsibilities, including custody arrangements. If the parents cannot agree on the custody arrangements, they will be asked to undergo mediation and do their best to create one, or else the court will not hear their divorce case.
The non-residential or alternative residential parent can communicate regularly with their child and build a familial relationship with them. Visitation schedules and communication channels must be referenced in the parenting plan. The parent may also be given copies of the child’s school and medical records and be allowed to make emergency decisions even if the child is not in their care.
A primary residential parent cannot deny child visitation to the alternative residential parent if they fail to provide child support. They must get a court order to stop the other parent from visiting. This is because in the state, visitation, alimony, and child support are separate legal issues with their laws and procedures. An alternative residential parent must also continue to pay child support even if they cannot see their child.
If you are still confused about the state’s custody laws, let our Heiskell child custody attorneys guide you through each point and answer your questions. We can also help you sort out the best parenting plan for your case and negotiate with the other parent if there are points they wish to contest or revise.
Child Custody and Relocation
If a primary residential parent wishes to relocate outside the state with the children, the alternative residential parent must be informed in advance. The time must be enough for the other parent to file a response to the move in case they are against it. For example, if they plan to move 100 miles away from their original residence, a 60-day notice must be given to the other parent.
If there are no objections, the child’s custody is not changed, and the move will be permitted. The same applies to cases where a moving parent complies with the Relocation Statute and has equal or close to equal parenting time with the child. However, if the alternative residential parent does not agree to the move, whether it is due to the belief that the other parent cannot provide for the child or the relocation would be disadvantageous for the child, the court will get involved.
Our Heiskell child custody attorneys can help you sort out your relocation if you are moving with your child. We can check the child custody agreement and parenting plan created to see if there will be issues with the move, especially from the other parent. If you are the other parent, we can help you contest the relocation and even request a change in the custody arrangements. We can help you collect the evidence the court needs to consider your side.
Child Custody Modification
Custody arrangements do not stay the same after the court initially agrees and approves them. Parents and children may experience significant life changes that may clash with the existing agreements.
For example, the parent with physical custody of the children may suffer from an illness or have to move to a new location for a new job. The children may require better access to medical services or educational facilities that may need them to move closer to the other parent. There can even be cases where the other parent wishes to question the parent’s capacity in custody, especially if the child is not doing well in their care.
When these circumstances occur, either parent can request a child custody modification. The court will then check if the request is accurate and see if the proposed changes, if there are any, would meet the child’s best interests. For these instances, you can trust John T. Sholly, Attorney and Counselor at Law to help you make the petition on your behalf and argue why the modification is necessary to ensure that your child continues to get the support they need.
Child Custody Enforcement
Not all custody arrangements go smoothly once the court issues a custody arrangement and approves the parenting plan presented during the divorce proceedings. There are many reasons why this occurs, from the nature of the parenting plan to the position of either parent that the other parent is not capable of doing their task as a parent. If these problems occur, the parent deprived of their rights should immediately report the situation to the court to enforce the custody order and penalize the offending parent.
As your assigned Heiskell child custody attorney, we can immediately file the necessary legal action to let the court know about the violations committed by the other parent. We can help you collect the evidence needed to prove your argument and enforce the custody order. You can also trust us to look at the best legal action that can be taken if you believe that the other party violates your rights as a parent.
Talk To A Legal Professional Today
When dealing with a divorce, our children’s lives mustn’t be disrupted as much as possible. If you believe it will be possible if you have full custody of your child or your ex-spouse cannot provide what your child needs, we at John T. Sholly, Attorney and Counselor at Law can assist you in fighting for your rights to be your child’s leading provider and guardian.
Our Heiskell, Tennessee family law firm will do its best to fight for your preferred arrangement and provide you with the resources that will help you create the ideal custody arrangements for your child so they can grow without problems while still having contact with both their parents after the divorce.
Call John T. Sholly, Attorney and Counselor at Law at (865) 276-7228 for your consultation with a Heiskell Child Custody Attorney.