Question 1

What does child custody mean?

Accepted Answer

First, all custody decisions about children are based on “the best interests of the child,” not the parents. In Tennessee, there are two main types of child custody (Tenn. Code Ann. § 36-6-101) – legal custody and physical custody. These types of custody can be joint, or one parent can have sole custody (legal and/or physical). Legal custody involves the right of a parent or parents to make decisions about your child’s health, schooling, after-school activities, and religious upbringing. Physical custody involves determining where your child resides each day of the year, providing clothing and food for your child, and making daily decisions about your child’s welfare. In Tennessee, generally, one parent is designated as the Primary Residential Parent (the parent with whom your child resides the majority of the year), and the other parent is known as the Alternate Residential Parent. In some situations, a parent can obtain full custody of their child. Generally, an unmarried mother has sole legal and physical custody from birth until the court enters an order that establishes the father’s custody or parenting rights.

Question 2

What is a parenting plan?

Accepted Answer

Tennessee requires that final child custody orders (as part of an absolute divorce or a legal separation, for example) have a permanent parenting plan. (TCA § 36-6-404). This plan must include: Designate which parent is the Primary Residential Parent and which is the Alternate Residential Parent when required. A residential schedule – where the child will stay each day of the year, including birthdays, holidays, school breaks, and summer vacations; Include provisions for resolving disputes before court action; Provide for transportation duties when exchanging children; Set forth each parent’s authority and responsibilities; Communication protocols (parent and child) with the other parent; Minimize parental conflict; Other statutory requirements.

Question 3

What factors determine child custody in Brentwood?

Accepted Answer

TCA § 36-6-106 sets forth the key custody factors in Tennessee, based on the best interests of the child. These factors include the following: The current parental relationship with the child; The past and likely future performance of each parent, including fostering a parent-child relationship with the other parent; The ability of each parent to provide for their child’s food, clothing, education, medical care, and other necessary care; The “love, affection, and emotional ties existing between each parent and the child”; The child’s developmental level and emotional needs; Each parent’s “moral, physical, mental, and emotional fitness” to be a parent for their child; The child’s relationships with siblings, other relatives (including step-relatives), and mentors; Maintaining a stable environment for the child; Any evidence of emotional or physical abuse of the child or the child’s siblings; The character of other people who live or frequent a parent’s home; The reasonable preference of a child who is 12 or older, and younger children on request, though the preference of an older child generally carries more weight; The employment schedule of each parent; The failure of a parent to pay court-ordered child support; Other statutory factors. Generally, Tennessee custody decisions seek to provide each parent meaningful opportunities to participate in their child’s life, consistent with the child’s best interests.

Question 4

How do you resolve custody disputes in Tennessee?

Accepted Answer

Our Brentwood child custody lawyer reviews with parents all the custody factors that affect the legal custody, physical custody, and permanent parenting plan decisions. When appropriate, we may meet with your child. At the Law Offices of Adrian H. Altshuler & Associates, we work to resolve disputes in the following ways: Negotiation. We try to reach an agreement with your spouse’s or co-parent’s lawyer. Mediation. We try to reach an agreement with a mediator, who is a neutral third party who tries to forge an agreement. Trial. If an agreement cannot be reached, we argue your parental rights before the family law judge assigned to your case.

Question 5

Can I receive temporary custody before there is a final order?

Accepted Answer

Yes. When parents file for divorce or separate, it can take significant time to negotiate or obtain a permanent parenting plan. During the time before the court enters a permanent custody order, decisions need to be made about the care of each of your children. Our Brentwood child custody lawyer will work to obtain a temporary agreement or seek a hearing to establish a temporary court order until a permanent court order can be obtained.

Question 6

What happens to child custody orders if a parent wants to relocate?

Accepted Answer

Tennessee has specific statutory requirements when a parent wants to relocate. TCA § 36-6-108. A parent who wants to move outside Tennessee or more than 50 miles from the other parent within Tennessee must provide at least 60 days’ written notice by registered or certified mail stating: The parent’s intent to relocate; The new location of the parent who is relocating; The reason for the proposed relocation; A statement that, absent agreement between the parents or an objection by the nonrelocating parent within 30 days of the date the notice is sent by registered or certified mail, the relocating parent will be permitted to relocate by law. If the parents do not agree on a new visitation schedule within 30 days of the notice or there is a timely objection, the relocating parent must file a petition requesting approval of the relocation. The other parent then has 30 days to file a response in opposition. In a hearing, the judge will determine if the relocation is in the child’s best interests and the terms of the new permanent parenting plan. The new plan will need to address additional factors such as who pays for the cost to transport the child. The court may also award reasonable attorney fees and other litigation costs.

Question 7

Can I modify a child custody order in Brentwood?

Accepted Answer

Either parent can request that the current permanent parenting plan be modified if there is a material change in circumstances and the modification is in the best interests of the child. TCA § 36-6-101(a)(2)(B)-(C); see also TCA § 36-6-405. Some of the reasons a parent may request the modification of a child custody order/permanent parenting plan are: The failure of a parent to comply with the terms of the existing plan; Changes in a parent’s work or residential conditions; Changes in the medical, educational, or developmental needs of the child; New concerns about a parent’s fitness; The preference of a child age 12 or older, when a material change in circumstances is otherwise established; Evidence of abuse or neglect not previously present.

Question 8

How do I enforce a parenting plan if my ex isn’t complying with the plan?

Accepted Answer

Our Brentwood child custody lawyer will review the terms of the permanent parenting plan, including how to handle disputes. Normally, we’ll notify the other parent’s lawyer, explaining how the other parent is not in compliance and what corrective steps should be taken. If we cannot negotiate an agreement to comply with the plan, we’ll request that a Williamson County family law judge enter an order requiring enforcement and/or ordering changes to the parenting plan to either ensure compliance or limit the other parent’s parental rights.

Question 9

What is a material change in circumstances?

Accepted Answer

A material change in circumstances is the legal standard judges use to determine if a parent can modify an existing permanent parenting plan. Generally, family judges want parents to resolve minor disputes on their own. They will consider material changes in circumstances when ordering a modification.

Question 10

Why does Tennessee law specifically identify age 12 for a child’s custody preference?

Accepted Answer

First, Tennessee law, TCA § 36-6-106, specifically recognizes 12 as the age when a child’s preferences can be considered. Practically, a child who is 12 may be emotionally mature enough to understand their relationship with their parents and have the ability to communicate the reasons for their preferences clearly.

Question 11

What steps can I take if I’m seeking custody of my children?

Accepted Answer

In addition to contacting our Brentwood child custody lawyer, we recommend that you: Ensure you are providing a safe home for your child; Take an active role in your child’s life; Demonstrate your willingness to keep your child and the other parent in communication with each other. Show your willingness to cooperate with your co-parent for the best interests of your child.

Question 12

Do you have a Brentwood child custody lawyer near me?

Accepted Answer

Yes. We meet parents and children at our Brentwood office located at 1616 Westgate Cir #363. We also consult with parents by phone and through online video platforms. We can answer your questions and guide you through the child custody process.